h1bemployee
06-23 06:29 PM
On what basis will you apply for a H-1 transfer, your present H-1 request has been denied. Even If you apply for a MTR you have pending status, based on which you cannot request for a further extension/change of status. You can apply for a new H-1 consular processing petition, leave the country, once approved, apply for a visa from the consulate and come back on the new H-1.
As my H1 transfer got denied.... I can apply for a new H1 transfer.... right?
I am assuming this from the information I got form this forum. I am really confused..
As my H1 transfer got denied.... I can apply for a new H1 transfer.... right?
I am assuming this from the information I got form this forum. I am really confused..
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md_alien
10-07 01:20 PM
If you have an international driving license/permit, you can get a full MD license on its basis. I believe you only have to give a written test and a driving test. No drivers ed. etc. Probably you might have to take a Drug and Alcohol test too but thats not a big hassle.
shortchanged
08-03 10:25 PM
I understand everyone is anxious but this is simple language. I am sure you can 'decipher' it
It means you have become an "undocumented or illegal", and you have to learn English and you are qualified for a Z visa :rolleyes: :D
Forget about your I-140; just focus on I-485. I-140 seems to be a foregone conclusion.
Enjoy your weekend man...............
It means you have become an "undocumented or illegal", and you have to learn English and you are qualified for a Z visa :rolleyes: :D
Forget about your I-140; just focus on I-485. I-140 seems to be a foregone conclusion.
Enjoy your weekend man...............
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prasadn
09-02 07:03 PM
I went to border and security deffered inspection site at Raliegh NC from this url
http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.
The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.
Interpretation of such a situation varies by CBP location/officer that you talk to. If they issue you a new I-94 I'd say you are lucky. We had deal with a similar situation about 6 months ago. Our lawyer clearly said "last action" always overrides I-797 and that one cannot work beyond the I-94 date. We crossed into Mexico by walk and walked back in with a new I-94. That way no ambiguity and peace of mind.
Hope this helps.
http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.
The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.
Interpretation of such a situation varies by CBP location/officer that you talk to. If they issue you a new I-94 I'd say you are lucky. We had deal with a similar situation about 6 months ago. Our lawyer clearly said "last action" always overrides I-797 and that one cannot work beyond the I-94 date. We crossed into Mexico by walk and walked back in with a new I-94. That way no ambiguity and peace of mind.
Hope this helps.
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mheggade
07-20 01:13 PM
RIP 'Labor Substitution' is the best thing happened ever happened so far!!!
Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
coolpal
03-27 12:33 PM
Hi,
I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:
I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.
In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...
What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?
My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.
I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,
Any productive feedback is highly appreciated...
pal :)
I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:
I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.
In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...
What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?
My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.
I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,
Any productive feedback is highly appreciated...
pal :)
more...
jnraajan
03-28 12:03 PM
When you search by Nationality, it doesnt return any results.
Once you search by Category (EB), it returns results, but then when you try to sort by a column heard, it loses this restriction.
Also, the sorting doesnt seem to work.
Once you search by Category (EB), it returns results, but then when you try to sort by a column heard, it loses this restriction.
Also, the sorting doesnt seem to work.
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edaltsis
07-23 07:14 AM
It's not consultant, you mean to say that you applied through an agent. Know that you are the consultant but not the company or anyone else.
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bidhanc
03-07 12:02 PM
As far as I know, You can surely send it with a copy of the 485 receipt anytime. I think, there is no way to know if they combine it with the application or not unless they send an acknowledgement.
Hmm...thanks....
I am sure there must be more folks like me out there.
Has anyone done this successfully?
Did they get any knid of acknowledgement?
Hmm...thanks....
I am sure there must be more folks like me out there.
Has anyone done this successfully?
Did they get any knid of acknowledgement?
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morchu
05-12 12:06 PM
Greg,
The Original poster mentioned that he filed 485 on 08/06/2007 (and I believe he is employment based). Please note that all employment based categories were unavailable as per bulletin#109 (for august 07). So any EB 485 filer filed in August of 2007 was eligible for that only because of the bulletin 107 & further "July Fiasco events". Which means even if they filed 485 after July 31st, they in fact used the old fee structure.
So ANY EB 485 filers between 08/01/2007 to 08/15/2007, still has to keep on paying fees for EAD (even though the rules change happened for filings after 07/31/2007). This is a special category of filers created by "July Fiasco".
With respect to your first question, anyone filing since the 2007 rules change you note would only pay a single I-485 filing fee which now has the EAD and advanced parole fees built in. Basically, you're paying for the EAD whether you actually apply for it or not.
The Original poster mentioned that he filed 485 on 08/06/2007 (and I believe he is employment based). Please note that all employment based categories were unavailable as per bulletin#109 (for august 07). So any EB 485 filer filed in August of 2007 was eligible for that only because of the bulletin 107 & further "July Fiasco events". Which means even if they filed 485 after July 31st, they in fact used the old fee structure.
So ANY EB 485 filers between 08/01/2007 to 08/15/2007, still has to keep on paying fees for EAD (even though the rules change happened for filings after 07/31/2007). This is a special category of filers created by "July Fiasco".
With respect to your first question, anyone filing since the 2007 rules change you note would only pay a single I-485 filing fee which now has the EAD and advanced parole fees built in. Basically, you're paying for the EAD whether you actually apply for it or not.
more...
maverick6993
11-07 03:17 PM
I am in Birmingham and would like to join the state cahpter.
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redgreen
12-16 02:14 PM
I had only I-485 receipt (previous I-94 expired, passport had validity for only 3 weeks) and in MA I got a driver's license for 5 years.
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fromnaija
02-07 01:08 AM
good question. i guess you were thinking we both were on AOS stage.
only im on adjustment of status, i havent filed for my spouse yet. i got married after reto kicked in. so the only option for her is to stay here is on H4 and to support that I had to stay on H1B, even thou i have EAD.
hope this explains. thanks.
Yes, that explains it. Okay, now that your spouse is here how do you add her to your 485? What happens to her H4 when your 485 is approved? I am asking because someone I know is in same situation.
I guess the question I am trying to ask is, is there a way to have an addendum to a 485 after submission?
only im on adjustment of status, i havent filed for my spouse yet. i got married after reto kicked in. so the only option for her is to stay here is on H4 and to support that I had to stay on H1B, even thou i have EAD.
hope this explains. thanks.
Yes, that explains it. Okay, now that your spouse is here how do you add her to your 485? What happens to her H4 when your 485 is approved? I am asking because someone I know is in same situation.
I guess the question I am trying to ask is, is there a way to have an addendum to a 485 after submission?
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immi2006
05-31 09:45 AM
My close friend mentioned - recently aged parents of a Cisco Systemss manager came from Madras. They arrived in SFO and were asked to go back, since they had come here a year before and had asked for an extension of visa from 6 months to 1 year, they stayed and then went back. They came back this year to visit and were denied entry at Port of ENtry. His parents were in 75 years range and have vowed not to come back.
I believe their doucmented were in order otherwise. So it is tough to take things for granted.
I believe their doucmented were in order otherwise. So it is tough to take things for granted.
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chanduv23
12-31 02:08 PM
sept 11 notice date, EAD approved for spouse and me. case transferred to TSC, no FP yet
Same here, september 11 notice date case transferred to TSC, EAD and AP recieved for self and spouse but no FP yet.
Some say it is not an issue, some say it can be an issue
Same here, september 11 notice date case transferred to TSC, EAD and AP recieved for self and spouse but no FP yet.
Some say it is not an issue, some say it can be an issue
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RSM1444
08-06 12:54 PM
looks interesting.
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solaris27
10-16 01:11 PM
i had LUD same day and one day after .
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chantu
08-02 01:00 PM
Fedex is the best. Do not use DHL ever. I got bad experience with DHL. They took a week to deliver the docs. But fedex delivered it within 2 days. Now I know, always go with fedex.
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newbee7
07-05 07:26 AM
Ombudsman had correctly predicted this fiasco back in June before the dates were made current:
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
USCIS is evaluated based on backlogs. They wanted to avoid the backlogs that would be seen if all were able to apply in July.
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
USCIS is evaluated based on backlogs. They wanted to avoid the backlogs that would be seen if all were able to apply in July.
franklin
02-12 06:04 PM
But quality of life is determined by the freedom and once you get your GC then you will be able to do anything, right ? or I am thinking wrong.
Maybe yes - Quality of Life is highly subjective and personal. For example, I value very highly how I am treated at my current employer. I love the work, the people, and my environment. I have some potentially VERY exciting projects coming up in the next few years that could do wonders for my resume. I've been at the same company for 5 years and have built up some serious company loyalty :)
Also, are you talking about the risk involved in changing jobs because of H1B transfer process. Because I am a contractor and all consulting companies are MORE or LESS the same. They all try to make money out of you. So I am trying to understand what kind of risk is that.
Your thoghts are important. Please let me know.
Thanks
For me, the risk involved in changing a job just so I can jump into an EB2 category is too great. By risk, I mean losing the work environment, colleagues, potential experience - THAT is the quality of life I would be giving up. Of course, your job sounds entirely different, being a consulting basis. So I can totally appreciate how you may prioritize differently - meaning finalizing your green card status as soon as you can.
If I was in your shoes, yes - I would probably do exactly what you are thinking of.
Like I said though, its a personal choice
Maybe yes - Quality of Life is highly subjective and personal. For example, I value very highly how I am treated at my current employer. I love the work, the people, and my environment. I have some potentially VERY exciting projects coming up in the next few years that could do wonders for my resume. I've been at the same company for 5 years and have built up some serious company loyalty :)
Also, are you talking about the risk involved in changing jobs because of H1B transfer process. Because I am a contractor and all consulting companies are MORE or LESS the same. They all try to make money out of you. So I am trying to understand what kind of risk is that.
Your thoghts are important. Please let me know.
Thanks
For me, the risk involved in changing a job just so I can jump into an EB2 category is too great. By risk, I mean losing the work environment, colleagues, potential experience - THAT is the quality of life I would be giving up. Of course, your job sounds entirely different, being a consulting basis. So I can totally appreciate how you may prioritize differently - meaning finalizing your green card status as soon as you can.
If I was in your shoes, yes - I would probably do exactly what you are thinking of.
Like I said though, its a personal choice
prinive
03-27 12:26 PM
Thanks Buddy...
Any one else ...
I am celebrating the good news from IV by pledging $100 to IV. Any one care to up the ante on this?
My Receipt ID: 54118296K6578915K
Any one else ...
I am celebrating the good news from IV by pledging $100 to IV. Any one care to up the ante on this?
My Receipt ID: 54118296K6578915K
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