SGP
04-14 06:29 AM
Hi,
I am trying to find a job under the "new H1-B quota" after leaving the H1-B status last year even though I did NOT exhaust my initial 6 year quota.
So, can you
1. enter the US on B2 for a job search from June 2011 - September 2011 - Yes
2. leave the US on September 29, 2011 ( right before October 1, 2011 ) with a new H1-B quota I-797 - Yes
3. get an new H1 stamped outside under the new quota with a September 20 - October 7 , 2011 consular appointment date - Yes
4. enter the US for the job right after getting the visa stamped on let us say on October 15, 2011 - Yes
and not raise any of the following red flags :
1. Why is this person applying for a new H1-B visa right after returning from a B2 after such a long stay ? No Flag will be raised.
2. Did he complete 365 days outside the US since I had a previous 6 year H1-B. I would have done 365 days outside the US by June 2011 before re-entering on B2 - If you meet the criteria of staying outside the US for 365 days, then no flags should be raised
3. want to be a little careful since between June 2010 - June 2011 I have made a few 3-4 days trips to the US on B2 already throughout that time ? Does this hurt anything ? Would the consulate for stamping care about this or the USCIS or both ? Are the 365 days supposed to be continuous ? If you have not entered using H1 status you should be fine
4. I dont want to change status from B2 to H1-B since people say this is very risky. Any comments ? Yes do not change status in US
5. Would the consulate cancel my B2 visa after stamping H1-B ? - No they will not
Please advise on where I should give gaps in my timeline or would cutting it so close work ?- Don't have reply for this. Sorry.
Please see my replies in Bold Dark Green.
____________________
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")
I am trying to find a job under the "new H1-B quota" after leaving the H1-B status last year even though I did NOT exhaust my initial 6 year quota.
So, can you
1. enter the US on B2 for a job search from June 2011 - September 2011 - Yes
2. leave the US on September 29, 2011 ( right before October 1, 2011 ) with a new H1-B quota I-797 - Yes
3. get an new H1 stamped outside under the new quota with a September 20 - October 7 , 2011 consular appointment date - Yes
4. enter the US for the job right after getting the visa stamped on let us say on October 15, 2011 - Yes
and not raise any of the following red flags :
1. Why is this person applying for a new H1-B visa right after returning from a B2 after such a long stay ? No Flag will be raised.
2. Did he complete 365 days outside the US since I had a previous 6 year H1-B. I would have done 365 days outside the US by June 2011 before re-entering on B2 - If you meet the criteria of staying outside the US for 365 days, then no flags should be raised
3. want to be a little careful since between June 2010 - June 2011 I have made a few 3-4 days trips to the US on B2 already throughout that time ? Does this hurt anything ? Would the consulate for stamping care about this or the USCIS or both ? Are the 365 days supposed to be continuous ? If you have not entered using H1 status you should be fine
4. I dont want to change status from B2 to H1-B since people say this is very risky. Any comments ? Yes do not change status in US
5. Would the consulate cancel my B2 visa after stamping H1-B ? - No they will not
Please advise on where I should give gaps in my timeline or would cutting it so close work ?- Don't have reply for this. Sorry.
Please see my replies in Bold Dark Green.
____________________
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")
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nousername
09-14 02:10 PM
I'm sure it is legal.. It is just a form of kitty. We are not using the money for any gambling etc..
I like the idea and I'm in..
I like the idea. But I wonder if this legal...
I like the idea and I'm in..
I like the idea. But I wonder if this legal...
desi3933
06-10 01:26 PM
Pl. help with your precious advice. I got laid off five months back. I kept hunting new job but could not get one. Now I plan to move out of the country. In the circumstances, is my employer who was holding my H1b during termination, liable to give return tickets to my base country ? Can I claim the same after five monthsof my termination since I failed to get any job? What about my family members?
Can anyone send any link emphasising this Rule so that I can quote that to my employer?
Any advice in this respect is highly appreciated. Thanks.
Three things here -
1. Your employer should have offered you one-way transportation ticket (its not air fare) to last known foreign address at the last day of employment.
2. The employee is not eligible for this fare, if he/she decides to stay in USA.
3. Since your last day on H1 was more than 60 days ago, it can't be termed as reasonable time to depart.
_______________________
Not a legal advice.
US citizen of Indian origin
Can anyone send any link emphasising this Rule so that I can quote that to my employer?
Any advice in this respect is highly appreciated. Thanks.
Three things here -
1. Your employer should have offered you one-way transportation ticket (its not air fare) to last known foreign address at the last day of employment.
2. The employee is not eligible for this fare, if he/she decides to stay in USA.
3. Since your last day on H1 was more than 60 days ago, it can't be termed as reasonable time to depart.
_______________________
Not a legal advice.
US citizen of Indian origin
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nissan_1
01-24 02:52 PM
During my 2nd H1B stamping, I also faced the same situation in New Delhi consulate. I got 221g and the visa officer told me that my application need some adminstrative approval from DC and it will take 3-4 weeks. Those 4 weeks were painful. My whole vacation was runied. Anyway after 4 weeks I got a call from the Embassy and got stamped next day.
But one of friend faced the same problem in New Delhi last year. For him, it took 6 months to get the name check done....So be prepared man...I am so sorry that you have to go through this...I can feel the pain...Now I am really scared to go for my next stamping as my visa has expired and I missed the July bus ....so I do not habe AP...:(((
But one of friend faced the same problem in New Delhi last year. For him, it took 6 months to get the name check done....So be prepared man...I am so sorry that you have to go through this...I can feel the pain...Now I am really scared to go for my next stamping as my visa has expired and I missed the July bus ....so I do not habe AP...:(((
more...
aachoo
09-17 01:11 AM
When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
The officer made a copy and returned the original to me the second time I travelled. But I had only 2 copies to begin with. Not sure how you have 3. They did'nt even ask me- I guess they are so used to it (I flew in to SFO)
-a
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
The officer made a copy and returned the original to me the second time I travelled. But I had only 2 copies to begin with. Not sure how you have 3. They did'nt even ask me- I guess they are so used to it (I flew in to SFO)
-a
prom2
07-22 12:00 AM
New fee is 1010 (I-485 + FP) + $305 (AP) + $340 (EAD) = $1655
First year EAD and AP are Included. Not Life long EAD/AP. Wishful thinking in your part Nothing comes free here.
You guys are wrong.
1) The new fee for I-485 is a package fee (includes EAD and AP)
2) EADs and APs are included as long your adjustement application is pending.
Read the last paragraph here:
http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
First year EAD and AP are Included. Not Life long EAD/AP. Wishful thinking in your part Nothing comes free here.
You guys are wrong.
1) The new fee for I-485 is a package fee (includes EAD and AP)
2) EADs and APs are included as long your adjustement application is pending.
Read the last paragraph here:
http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
more...
pragir
06-09 01:08 PM
His PD is sep 2003 which became current in April.. so it took him just over 2 months to get final approval.
Congratulations. How long did it take since your PD became current till you got the card production ordered email?.
Congratulations. How long did it take since your PD became current till you got the card production ordered email?.
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for_gc
05-01 10:25 AM
I very much like this idea. I can help you on this if you want. I may not be able to spend much time on it during the work hours but may try to squeeze out something in the evenings, weekends.
I was very curious when CIS/DOS made a comment yesterday that FIFO is very complex to follow. I understand that it has to be complex but on the other hand if we can help them in any ways that will be great.
Also, it will help if we can make this as a IV org level campaign and see if we can get some transparency out of USCIS/DOS as to how they are arriving at the cut off dates.
I was very curious when CIS/DOS made a comment yesterday that FIFO is very complex to follow. I understand that it has to be complex but on the other hand if we can help them in any ways that will be great.
Also, it will help if we can make this as a IV org level campaign and see if we can get some transparency out of USCIS/DOS as to how they are arriving at the cut off dates.
more...
krish2005
09-18 02:39 PM
One never knows on how CIR will encompass the legality of the undocumented.
My assumption is that it will give them a path that will include fines and of course a duration like 5 years or something. This will mean that in the longer term they will qualify for the healthcare if they adhere to the norms.
These are just my assumptions. If there is a concern to bring undocumented folks into legality then why not give them health benefits if they are willing to get converted into legal way. This may not be a Day 1 scenario of healthcare. But from my viewpoint they still tie in indirect terms (CIR and healthcare vs undocumented folks).
My assumption is that it will give them a path that will include fines and of course a duration like 5 years or something. This will mean that in the longer term they will qualify for the healthcare if they adhere to the norms.
These are just my assumptions. If there is a concern to bring undocumented folks into legality then why not give them health benefits if they are willing to get converted into legal way. This may not be a Day 1 scenario of healthcare. But from my viewpoint they still tie in indirect terms (CIR and healthcare vs undocumented folks).
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StukAtBEC
02-16 10:19 PM
Folks,
I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.
I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.
I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...
I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC
2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?
Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...
Also, I'm looking for a good attorney to help me invoke AC21...Please advise!
Gurus... please help me with your suggestions.
I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.
I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.
I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...
I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC
2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?
Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...
Also, I'm looking for a good attorney to help me invoke AC21...Please advise!
Gurus... please help me with your suggestions.
more...
gsc999
09-10 01:33 AM
It is recommended that we wear formal suits while meeting with the lawmakers to project a professional image.
Having said that, like a theater artist, we will need to make a change to IV T-shirts for the rally & while doing volunteer work.
You guys can still order from the CafePress and receive the delivery by Friday night, try expedited shipping options.
Hope this helps.
Having said that, like a theater artist, we will need to make a change to IV T-shirts for the rally & while doing volunteer work.
You guys can still order from the CafePress and receive the delivery by Friday night, try expedited shipping options.
Hope this helps.
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sportsguy131
07-31 02:43 PM
My Grandfather applied for my mom in Family Based GreenCard under First Preference category.
He filed -
I-130,
his citizenship forms
He filed -
I-130,
his citizenship forms
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jack_suv
07-20 10:33 AM
Hi all,
As one reply pointed out,
AC21 portability means you retain the same green card application i.e. labor, i-140 and i-485 after 6 months of filing i-485 and i-140 is approved.
EAD is a way to get a job. Obviously using EAD is easier than filing H1.
So you can use AC21 by using H1 and still retain spouse's H4.
You can also use AC21 by using EAD but at that point your spouse's H4 is gone out of status.
As one reply pointed out,
AC21 portability means you retain the same green card application i.e. labor, i-140 and i-485 after 6 months of filing i-485 and i-140 is approved.
EAD is a way to get a job. Obviously using EAD is easier than filing H1.
So you can use AC21 by using H1 and still retain spouse's H4.
You can also use AC21 by using EAD but at that point your spouse's H4 is gone out of status.
more...
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rajpatelemail
02-13 01:11 AM
H1B - LCA Related Issues - How can we save ourselves ???
HI
I guess everybody know by now that ICE arrested 11 H1 workers(Yes , it is 11 H1 employees) mainly due to mail fraud/wire fraud, and these frauds are resulted due to the fact that these H1 employees are not working at LCA mentioned location.
I am starting this thread to discuss what we can do to save ourselves from LCA related issues.
** LCA is very important and H1 b employees should work as per LCA - Period.
Location, job and every thing should be as per LCA. No questions.
I am afraid, most of the H1b guys do not even have LCAs with them.
** This is very concerned for all the DESI Consulting companies H1 employees, as we never work at LCA place. I am going to give ultimatum to my employer to change LCA and keep all the docs in place. Otherwise i am going to change to employer, where they are good wrt papers.
Please throw your suggestions to make our H1 system clean and save H1 employees.
HI
I guess everybody know by now that ICE arrested 11 H1 workers(Yes , it is 11 H1 employees) mainly due to mail fraud/wire fraud, and these frauds are resulted due to the fact that these H1 employees are not working at LCA mentioned location.
I am starting this thread to discuss what we can do to save ourselves from LCA related issues.
** LCA is very important and H1 b employees should work as per LCA - Period.
Location, job and every thing should be as per LCA. No questions.
I am afraid, most of the H1b guys do not even have LCAs with them.
** This is very concerned for all the DESI Consulting companies H1 employees, as we never work at LCA place. I am going to give ultimatum to my employer to change LCA and keep all the docs in place. Otherwise i am going to change to employer, where they are good wrt papers.
Please throw your suggestions to make our H1 system clean and save H1 employees.
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gondalguru
06-20 12:14 AM
I am in the same boat. I have outlined my case in a similar thread posed today.
more...
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grupak
08-11 10:12 AM
Notify the change of address - If USCIS finds out that you have moved and did not notify with in 10 days of your move then they have the power to revoke and deny your petition.
wandmaker is correct.
Updating USCIS using form AR-11 within 11 days is required by law. Can be done online, allows the option to update pending cases with a different mailing address such as PO Box that is different from the home address. AR-11 requires the actual physical home address.
In any event, should call USCIS to confirm change of address on pending applications.
wandmaker is correct.
Updating USCIS using form AR-11 within 11 days is required by law. Can be done online, allows the option to update pending cases with a different mailing address such as PO Box that is different from the home address. AR-11 requires the actual physical home address.
In any event, should call USCIS to confirm change of address on pending applications.
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andy garcia
08-23 07:00 AM
... 160 views until now and no one offered any help yet :o
please help :D
Hi GCanyMinute;
The PD only shows on the Approval Notice of the I140 . The I485 does not show any PD.
thanks
andy
please help :D
Hi GCanyMinute;
The PD only shows on the Approval Notice of the I140 . The I485 does not show any PD.
thanks
andy
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anzerraja
02-11 01:42 PM
PM Me.
Hi Folks,
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
Hi Folks,
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
lghtslpr
02-08 12:26 PM
Someone over at immigrationportal.com is organizing a letter-writing campaign to demand transparency at the Philadelphia Backlog Processing Center. I think it's a great idea. Please participate. See details here:
http://www.immigrationportal.com/showpost.php?p=1352681&postcount=10560
http://www.immigrationportal.com/showpost.php?p=1352681&postcount=10560
sertasheep
03-26 12:04 PM
dpsg,
I think the point we're trying to make is TOI could probably write about "relevant" problems. Illegal immigration is not a problem we're fighting in this forum. Anyone recollect an article in recent times in TOI on impact of GC backlog and retrogression?
The press is the primary forum for people's voices to be heard even in a difficult democracy like India.
Let the media be aware of the problems NRIs are going through. Most people back home(Des) will think that people in the US have a cushy life with no worries, when the reality is different.
This topic is really debatable, but its simply my humble opinion.
And guess what: making the India NRI minister (Vayalar Ravi) of these issues didn't even result in getting an email response back. We might as well expect that "nothing will happen". But, what's the harm in trying? Just a few minutes of time (and electrons) expended).
I think the point we're trying to make is TOI could probably write about "relevant" problems. Illegal immigration is not a problem we're fighting in this forum. Anyone recollect an article in recent times in TOI on impact of GC backlog and retrogression?
The press is the primary forum for people's voices to be heard even in a difficult democracy like India.
Let the media be aware of the problems NRIs are going through. Most people back home(Des) will think that people in the US have a cushy life with no worries, when the reality is different.
This topic is really debatable, but its simply my humble opinion.
And guess what: making the India NRI minister (Vayalar Ravi) of these issues didn't even result in getting an email response back. We might as well expect that "nothing will happen". But, what's the harm in trying? Just a few minutes of time (and electrons) expended).
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