NYImmigrant
12-08 01:10 PM
wow... $4 doesn't make anyone's blood boil. Only if USCIS had paid a little more, may be my case would be approved long time ago.
What say...
What say...
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frostrated
08-05 09:38 AM
you can work in your field of education for any company. however, they have to file for a transfer of H1 for you to continue working beyond the expiry of OPT.
anai
06-20 05:07 PM
Here is an excerpt from the link below.. it sounds crazy
"Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses. "
I hope this doesnt happen.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
Is this just a reference to how dates are generally published in the middle of the month? Could Fragomen be simply saying that it is unlikely that the visa bulletin published in the middle of the month of July will have the dates retrogressed, but later mid-month bulletins (in Aug etc.) could bring news of retrogresssion?
Note that the first sentence of the paragraph from which "averagedesi" has quoted says that "Though the principal employment-based categories are current for July, future retrogression is possible ...." This seems to indicate that they will remain current throughout July, which is what we know/believe.
"Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses. "
I hope this doesnt happen.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
Is this just a reference to how dates are generally published in the middle of the month? Could Fragomen be simply saying that it is unlikely that the visa bulletin published in the middle of the month of July will have the dates retrogressed, but later mid-month bulletins (in Aug etc.) could bring news of retrogresssion?
Note that the first sentence of the paragraph from which "averagedesi" has quoted says that "Though the principal employment-based categories are current for July, future retrogression is possible ...." This seems to indicate that they will remain current throughout July, which is what we know/believe.
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sam2006
09-21 03:03 PM
Guys
i got a LUD on 140( 9/21) after 2 weeks of 485/EAD/AP RN ..
all the RN from SRC...
any one on the same boat
i got a LUD on 140( 9/21) after 2 weeks of 485/EAD/AP RN ..
all the RN from SRC...
any one on the same boat
more...
lazycis
12-20 09:22 AM
She's done it aready. Why worry about the future? I do not see a problem with switching from B2 to H1. Hope she was not working while on B2 :)
wandmaker
10-07 03:24 PM
I need a little advice on sponspring my uncle vistor's visa from India
My uncle works in auto industry and I would like to nspor him for a vistor visa. His family will not be visting and he is taking care of his in-laws as well.
Does including his family members make any difference?
Also, having a different family name makes any difference in the sponsor's letter?
Any help is appreciated.
You can send a sponsorship letter along with other supporting documents like I-134, bank statements and etc. Ultimately, your uncle has to prove and convince the consular officer that he has strong ties in India in order for him to obtain the visa.
My uncle works in auto industry and I would like to nspor him for a vistor visa. His family will not be visting and he is taking care of his in-laws as well.
Does including his family members make any difference?
Also, having a different family name makes any difference in the sponsor's letter?
Any help is appreciated.
You can send a sponsorship letter along with other supporting documents like I-134, bank statements and etc. Ultimately, your uncle has to prove and convince the consular officer that he has strong ties in India in order for him to obtain the visa.
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haisylu
06-16 04:10 PM
I'm going to get married to a Divorcee and she has a son. Is there any issue in bringing her son as my dependent. Currently I'm on L1B. If so, what is the procedure.
Thanks for your advise.
Regards,
Sylace
Thanks for your advise.
Regards,
Sylace
2010 Good to hear.
yestogc
05-04 08:48 PM
YES return flight for whole family is employers responsibility ................. of course not by business class.
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abcd_1234
05-30 09:23 AM
Hi
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
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chanduv23
09-25 09:53 AM
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loku
08-16 08:04 PM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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kannan2010
11-13 02:06 PM
Appreciate your prompt response Raysaikat. If I get the J1 waiver from Australia, can I file directly under the EB2-NIW without changing to H1B.
After completing my MS (Molecular Biotech) and PhD (Veterinary Science) in Australia, I am currently working on a J1 visa for the last 3 years in US university. My employer cannot sponsor my H1B/ Green card but I can get recommendation letters and I have 6 publications including 3 first authors. Thanks, Palani
After completing my MS (Molecular Biotech) and PhD (Veterinary Science) in Australia, I am currently working on a J1 visa for the last 3 years in US university. My employer cannot sponsor my H1B/ Green card but I can get recommendation letters and I have 6 publications including 3 first authors. Thanks, Palani
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eb3_nepa
02-25 07:47 PM
Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485
Can you post any supporting documentation for this?
Thanks
Can you post any supporting documentation for this?
Thanks
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chanduv23
09-17 02:26 PM
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mbawa2574
03-11 05:52 PM
Just woke up??
Is it out for a while ? hmm
Is it out for a while ? hmm
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kanshul
05-25 08:32 AM
The important thig is the period since yoour last admission to the US before July 2007.
Say you entered in Apr 2007 then you would not have accumulated 180 days of unauthourized stay in US before filling 485 and you will be OK.
Say you entered in Apr 2007 then you would not have accumulated 180 days of unauthourized stay in US before filling 485 and you will be OK.
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pappu
08-06 03:01 PM
Yes there are limits to salary. I will try to post more details on it when time permits and as I myself find details from my own research.
Basically, stay above what was in your labor/140. Do not go too high, 10% per year raise is ok. Job duties should stay same or similar. You can be a sr. software programmer from a software programmer but not a VP or Architect...(you got my point).
This is a gray area and tough to get a correct advice easily.
This is also a big issue for our community since people cannot get promoted or take big salary raises due to this limitation. Ask people who are stuck in 485 stage for many years.
I know a lot of people are counting days to just jump into a new job after 180 days. But make sure you factor in all the risks when you do this. Be prepared for an RFE on it.
and BTW I am reading so many posts that say you can jump jobs before 180 days. Please do not misrepresent the Yates Memo and regulations to prove a point. You need to stck to the job for 180 days definitely. The only exception is that if you are sure that the job offer will wait for you indefinitely in infinite future when you get an RFE. Do not take immigration laws lightly. And yes, always seek advice from a good lawyer when you take such important decisions. Forums are simply opinions from people without a law degree or experience.
will post more on this thread as I find more info
Basically, stay above what was in your labor/140. Do not go too high, 10% per year raise is ok. Job duties should stay same or similar. You can be a sr. software programmer from a software programmer but not a VP or Architect...(you got my point).
This is a gray area and tough to get a correct advice easily.
This is also a big issue for our community since people cannot get promoted or take big salary raises due to this limitation. Ask people who are stuck in 485 stage for many years.
I know a lot of people are counting days to just jump into a new job after 180 days. But make sure you factor in all the risks when you do this. Be prepared for an RFE on it.
and BTW I am reading so many posts that say you can jump jobs before 180 days. Please do not misrepresent the Yates Memo and regulations to prove a point. You need to stck to the job for 180 days definitely. The only exception is that if you are sure that the job offer will wait for you indefinitely in infinite future when you get an RFE. Do not take immigration laws lightly. And yes, always seek advice from a good lawyer when you take such important decisions. Forums are simply opinions from people without a law degree or experience.
will post more on this thread as I find more info
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rameshraju11
06-08 11:00 AM
Yes , we received an RFE letter seems after RFE expiration date. but USCIS online case status still shows case was received and pending. it did not talk about RFE letter was sent
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kiwi
10-27 03:48 PM
My Labor PD is Jan 2003, was approved on Sept 25th. Got it last week. It is very random process I guess. Can't tell how long you have to wait knowing so many people behind us got their approvals before us. Any inquiry didn't work. I just gave up and waited.
frostrated
06-18 02:38 PM
My husband's employer filed for green card under EB-1 (OR). I-140 got approved, I-485 is pending. I already did my fingerprinting. My husband's is scheduled for next week. We did not get EAD or AP yet.
Meanwhile I need to travel to Europe on business. I have a valid H-1 to re-enter US. Would my AP get approved before I return to US? If so, can I still enter with my valid H-1? My husband is planning to delay his biometrics until I get back. Are there any problems with this plan? Please advise
As long as you travel on H-!, you have no problems. You do not need AP to travel as long as your H-1 is valid. If you need a visa to re-enter, your visa needs to be valid too, or you can get a new visa based on your H-1.
If you want to avoid getting your visa renewed, then you need an AP.
Your husband does not need to delay his biometrics. It is independent of your case.
Meanwhile I need to travel to Europe on business. I have a valid H-1 to re-enter US. Would my AP get approved before I return to US? If so, can I still enter with my valid H-1? My husband is planning to delay his biometrics until I get back. Are there any problems with this plan? Please advise
As long as you travel on H-!, you have no problems. You do not need AP to travel as long as your H-1 is valid. If you need a visa to re-enter, your visa needs to be valid too, or you can get a new visa based on your H-1.
If you want to avoid getting your visa renewed, then you need an AP.
Your husband does not need to delay his biometrics. It is independent of your case.
kak1978
06-10 08:14 AM
Hi
I have a friend that has a BS in Computer Engineering, and a MS in Electrical Engineering.
Can you guys give me sample job description that will qualify for EB2. He has 3 years of experience but that was acquired before obtaining the degrees.
Company is really flexible with job description.
Thanks in advance.
I don't think it matters when the experience was acquired as long as it is related to the job description and it is verifiable. If for some reason those three years cannot be used, you can have a job requirement as something like MS in EE/CS + 0 years experience.
I have a friend that has a BS in Computer Engineering, and a MS in Electrical Engineering.
Can you guys give me sample job description that will qualify for EB2. He has 3 years of experience but that was acquired before obtaining the degrees.
Company is really flexible with job description.
Thanks in advance.
I don't think it matters when the experience was acquired as long as it is related to the job description and it is verifiable. If for some reason those three years cannot be used, you can have a job requirement as something like MS in EE/CS + 0 years experience.
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