gsumk
08-25 07:17 PM
@ Meet
You will not get new H1. Your remaining time on H1 will be extended once you decide to do COS from H4 to H1. If you were out of country for one full year ony then you will get NEW H1 and then the new fee hike applies to you.
But if you were not out of country for one year then you will get the same H1 extended for the remainder period (6 years minus what ever you have used so far). The new fee hike applies to new H1 applications only.
Hope that helps.
Do we need to apply H4 to H1 thru the same original company to reinstate the old H1.
Please let me know.
You will not get new H1. Your remaining time on H1 will be extended once you decide to do COS from H4 to H1. If you were out of country for one full year ony then you will get NEW H1 and then the new fee hike applies to you.
But if you were not out of country for one year then you will get the same H1 extended for the remainder period (6 years minus what ever you have used so far). The new fee hike applies to new H1 applications only.
Hope that helps.
Do we need to apply H4 to H1 thru the same original company to reinstate the old H1.
Please let me know.
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guyfromsg
07-16 11:02 PM
Please enlighten me. What constitute a proof of immigrant intent?
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
I-140 is Application for Immigration petition. To apply for 485 you have need to have 140 approved/pending or should be filed concurrently. Medical is required as part of 485.
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
I-140 is Application for Immigration petition. To apply for 485 you have need to have 140 approved/pending or should be filed concurrently. Medical is required as part of 485.
greyhair
09-24 09:34 AM
Colbert started his testimony.
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ArkBird
06-24 12:27 AM
Look no further. EB3 (Other Workers) became "Unavailable" last week and nothing that I read says it cannot happen for EB1/EB2/EB3.
more...
mikemeyers
05-07 02:19 PM
Hi
To my horror, I accidently lost my wife's passport, i am such a stupid...She had the stamps for F-2 and H-4.
We have police report for the lost passport.
I already checked Indian embessy's website, they have instructions for duplicate passport.
My question is what happens to the Visa stamps. Does she have to go back to India to get it stamped? Can she go to coutry's like Canada and Mexico to get it stamped? would that be very difficult to get a new stamp?
plz help..
regards,
To my horror, I accidently lost my wife's passport, i am such a stupid...She had the stamps for F-2 and H-4.
We have police report for the lost passport.
I already checked Indian embessy's website, they have instructions for duplicate passport.
My question is what happens to the Visa stamps. Does she have to go back to India to get it stamped? Can she go to coutry's like Canada and Mexico to get it stamped? would that be very difficult to get a new stamp?
plz help..
regards,
yabadaba
07-09 04:31 PM
sledgeehammer...this is eb2 india poll. retrogression happened in october 2005 for eb2 india... how will someone with a 2006 priority date file their 485?
gcchahiye has
clearly said do not include the july filing as a factor in this poll.. he used the macaca color scheme also
gcchahiye has
clearly said do not include the july filing as a factor in this poll.. he used the macaca color scheme also
more...
JazzByTheBay
08-21 11:35 AM
1) Are there any issues traveling on AP under the following circumstances??
- there's no current H1 stamp, although H1 extension for 3 years has been approved
- AP is expiring within 2-3 days of planned return?
- New AP is filed/pending, Receipt Notice received
- Employer is a Fortune 500
2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??
3) Docs I need to carry, besides... :
- H1 Approval notices?? (All of them since day 1?)
- I-485 Receipt Notice
- I-140 Approval Notice (do i need this?)
- Current AP Approval Notice
- Pending AP Receipt Notice
- Paystub??
- Letter from employer??? (do I need this?)
- there's no current H1 stamp, although H1 extension for 3 years has been approved
- AP is expiring within 2-3 days of planned return?
- New AP is filed/pending, Receipt Notice received
- Employer is a Fortune 500
2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??
3) Docs I need to carry, besides... :
- H1 Approval notices?? (All of them since day 1?)
- I-485 Receipt Notice
- I-140 Approval Notice (do i need this?)
- Current AP Approval Notice
- Pending AP Receipt Notice
- Paystub??
- Letter from employer??? (do I need this?)
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seahawks
10-31 07:36 PM
We are meeting tonight, looking forward to seeing all dedicated and active state chapter members..!
more...
LONGGCQUE
05-16 09:42 AM
what you got from is correct. Here is info from Ron's article in which he refers FAM's and INA clause. This is a copy paste from Ron's article. Do check with your lawyer before proceeding. I am getting a Non avail of birth cert from India and then adding two affidavits from parents in my wife's case.
+++++++++
Often, applicants will find that they are unable to produce required supporting documents. The immigration regulations specify how applicants may deal with unavailable documents:
�8 CFR 103.2(b)(2)(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.�
The following advice from the Department of State�s Foreign Affairs Manual with respect to a missing birth recordis typical:
�In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. Such an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.�
The following, also from the FAM, is typical advice regarding an unregistered marriage:
�If the marriage has not been officially registered, then two sworn affidavits giving the names, dates and places of birth of the bride and groom, and the date and place of marriage, as well as the names of the parents of both parties are acceptable. The affidavits must be executed by one of the parents of each party, or if the parents are deceased, by the nearest relative of each party who was present at the wedding.�
Applicants must keep in mind that before they can offer secondary evidence, such as affidavits, they must first prove that the primary evidence does not exist or is otherwise unavailable. Once this is done, the applicant may then provide sworn affidavits from people who have personal knowledge of the facts.
+++++++++
+++++++++
Often, applicants will find that they are unable to produce required supporting documents. The immigration regulations specify how applicants may deal with unavailable documents:
�8 CFR 103.2(b)(2)(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.�
The following advice from the Department of State�s Foreign Affairs Manual with respect to a missing birth recordis typical:
�In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. Such an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.�
The following, also from the FAM, is typical advice regarding an unregistered marriage:
�If the marriage has not been officially registered, then two sworn affidavits giving the names, dates and places of birth of the bride and groom, and the date and place of marriage, as well as the names of the parents of both parties are acceptable. The affidavits must be executed by one of the parents of each party, or if the parents are deceased, by the nearest relative of each party who was present at the wedding.�
Applicants must keep in mind that before they can offer secondary evidence, such as affidavits, they must first prove that the primary evidence does not exist or is otherwise unavailable. Once this is done, the applicant may then provide sworn affidavits from people who have personal knowledge of the facts.
+++++++++
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return_to_india
09-16 02:06 PM
Hi Guys!
By law how many days one is required to stay with sponsor after GC approval in EB2? What documents we will need to prove to USCIS at Citizenship interview to prove that we stayed with sponsor for "required" time.
Thanks,
Raj
Employment based GC is for permanent employment with the sponsoring employer. I don't know if law gives a lesser period of time of association. But in practice, i have seen many people quoting '6 months' of minimum stay. Some attorneys quote 2 years stay.
By law how many days one is required to stay with sponsor after GC approval in EB2? What documents we will need to prove to USCIS at Citizenship interview to prove that we stayed with sponsor for "required" time.
Thanks,
Raj
Employment based GC is for permanent employment with the sponsoring employer. I don't know if law gives a lesser period of time of association. But in practice, i have seen many people quoting '6 months' of minimum stay. Some attorneys quote 2 years stay.
more...
JazzByTheBay
09-05 10:43 PM
all the best jazz..
Thanks!
I traveled to India and got back on Monday (9/1/2008), AP expiring on 9/4.
As expected, I was asked to go to secondary inspection.
Handed them the passport, I-94 and AP.
(Saw others handing over wads of paperwork... )
Got called at the counter (others were being called by officers for interviews in different rooms... ). The only question asked: What's your job. Took less than 15 seconds.
I was hoping to get the CPO email while I was traveling, but no such luck. Apparently, NSC hasn't kept pace with TSC... :)
jazz
Thanks!
I traveled to India and got back on Monday (9/1/2008), AP expiring on 9/4.
As expected, I was asked to go to secondary inspection.
Handed them the passport, I-94 and AP.
(Saw others handing over wads of paperwork... )
Got called at the counter (others were being called by officers for interviews in different rooms... ). The only question asked: What's your job. Took less than 15 seconds.
I was hoping to get the CPO email while I was traveling, but no such luck. Apparently, NSC hasn't kept pace with TSC... :)
jazz
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bhatt
06-05 10:58 PM
Hi,
I have been selected for the Green Card Diversity lottery and have some questions:
I have been working for the past 6 years on a H1B visa and have been laid off in March.
I am currently out of status, my H1B has expired, but I have an approved extension I797A form and I-94 untill October 2010.
I am planning to return to my home country July 31 (at that point I will be out of status for 4.5 months, but have not aquired unlawful presence).
1- Is my Green card application/approval in jeopardy by being out of status?
2- Is it possible to have my status adjusted and proceed inside the United States?
3- Do I increase my changes to obtain approval if I return as soon as possible to my home country instead of waiting until July 31st?
4- Is it possible for me to travel to the US on a tourist visa while waiting for a response from the consular center?http://immigrationvoice.org/forum/images/smilies/smile.gif
5- Overall, what would be the recommended approach to give the best chance of approval?
Thanks in advance!
Congragulations for winning the Lottery!:)
1. Being out of status for upto 6 months ( 180 days is Ok). generally ?USCIS will pardon it
2. I am not sure
3 dont; know
4. yes
5. consult a good attorney
I have been selected for the Green Card Diversity lottery and have some questions:
I have been working for the past 6 years on a H1B visa and have been laid off in March.
I am currently out of status, my H1B has expired, but I have an approved extension I797A form and I-94 untill October 2010.
I am planning to return to my home country July 31 (at that point I will be out of status for 4.5 months, but have not aquired unlawful presence).
1- Is my Green card application/approval in jeopardy by being out of status?
2- Is it possible to have my status adjusted and proceed inside the United States?
3- Do I increase my changes to obtain approval if I return as soon as possible to my home country instead of waiting until July 31st?
4- Is it possible for me to travel to the US on a tourist visa while waiting for a response from the consular center?http://immigrationvoice.org/forum/images/smilies/smile.gif
5- Overall, what would be the recommended approach to give the best chance of approval?
Thanks in advance!
Congragulations for winning the Lottery!:)
1. Being out of status for upto 6 months ( 180 days is Ok). generally ?USCIS will pardon it
2. I am not sure
3 dont; know
4. yes
5. consult a good attorney
more...
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macrosky
07-07 06:53 PM
My new empolyer has filed h1b transfer for me using premium processing. The package was delivered to USCIS last Monday. Because my employer's email address is too long, the last 2 letters of the email address "om" (should be ".com") are missing in the printout. I found this after the package was sent out. We have not heard anything till today (7 calender days after the last Monday). Is this normal?
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sshrika@gmail.com
10-14 09:27 PM
Hello,
I am currently working as full time and planning to move to consulting. I have the below questions
(i) I know its a bit risky to move to consulting right now compared to Fulltime, but still i See the H1 petetions for most of consutling companies are getting approved.
Do you think is it OK to move to consulting from Full time?
(ii)As client letter is mandatory these dayz, whats the best approach to apply for transfer? Like e finding the project and proceed for premium processing
Thanks
I am currently working as full time and planning to move to consulting. I have the below questions
(i) I know its a bit risky to move to consulting right now compared to Fulltime, but still i See the H1 petetions for most of consutling companies are getting approved.
Do you think is it OK to move to consulting from Full time?
(ii)As client letter is mandatory these dayz, whats the best approach to apply for transfer? Like e finding the project and proceed for premium processing
Thanks
more...
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vishage
09-28 01:26 PM
My app was received by NSC on 24th July and looks like NSC is processing August apps. Even, if my app got transferred to TSC, it should have been processed by now according to USCIS report on RN processing. I am not sure, what to do ?
Filed on Jul 24th at Nebraska ,No receipts yet, chq given by company so no info on chq being cashed.
Filed on Jul 24th at Nebraska ,No receipts yet, chq given by company so no info on chq being cashed.
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MerciesOfInjustices
02-12 01:12 PM
Great article! Surely, it must have gotten John Miller atleast thinking what is going on in the US! What he has called a faster process in the US takes atleast 8-10 years since arrival in the US!
I am going to e-mail him, and would like others to do so too! Let us tell them the truth!
I am going to e-mail him, and would like others to do so too! Let us tell them the truth!
more...
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cbpds
05-18 01:24 PM
How about thread "lighten up"??? Although its not relevant to Immigration, it sure is a good thread that helps everyone to lower their blood pressure after reading visa bulletins and other Immigration hassles.
There are not many insignificant threads that encompasses Immig threads, moreover if you notice they show up when not much is happ on a particular day
my 2c
There are two pointless threads on this site, one is titled "The yanks are coming" and another as "US political system is broken". They both contain long rants of a single user. I seriously doubt if anybody ever reads them, as is evident from the absence of any other user's reply to these threads. Why don't we just remove them, or block them from showing up on the main page. At least it will free up space for more useful threads.
There are not many insignificant threads that encompasses Immig threads, moreover if you notice they show up when not much is happ on a particular day
my 2c
There are two pointless threads on this site, one is titled "The yanks are coming" and another as "US political system is broken". They both contain long rants of a single user. I seriously doubt if anybody ever reads them, as is evident from the absence of any other user's reply to these threads. Why don't we just remove them, or block them from showing up on the main page. At least it will free up space for more useful threads.
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reddymjm
02-10 03:16 PM
Guys --
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Can u update ur profile
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Can u update ur profile
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pappusheth
05-08 01:33 AM
i filed for EAD in early April this year. I could check the case status online and see it as "case received and pending". On the last day of April I received my EAD in mail but the status still showed the same.. There was neither soft nor hard LUD. Rather I checked it again today on May 7th and the status is still the same, no soft or hard lud..!
i think there's some disconnect.
i think there's some disconnect.
gc4sk
08-14 03:44 PM
I got 20 years $750,000 term life insurance for $37.5/month by transamerica. I am on H-1B and I used accuquote.com
kishdam
02-11 02:14 PM
The 800K pending 485s include people who have filed multiple 485s.
Cases like
1) Spouses filing thier own as well as dependant.
2) More then one primary filing.
So i guess there are about 100K duplicate and invalid applications.
In a way our community contributes to our own downfall...
Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.
I think that is not really true - You cannot file more than one I485 as in other stages of immigration process (you can file multiple H1B’s; multiple I140’s etc). Because I485 is for adjustment of status to an individual and is unique for each individual. Yes there will be applications for primary and dependent but each of them take a visa number anyway and they have to be counted.
In the I485 – adjustment of status - an applicant can change the preference category (EB2 vs EB3) by interfiling new I140 approval i.e. by suppling the new I140 approval papers which will update an existing I485 but cannot file a new I485. This is true for EB category cases. I am not sure if we can apply I485 in EB and FB categories – I doubt that as well but even if its possible how many people in EB category can have FB application pending? My guess is less than 1%.
If 800K has both FB and EB applications, majority of them may be FB but even in EB there can be huge backlog. Considering country quotas we are looking at very long waits unless the law change.
Cases like
1) Spouses filing thier own as well as dependant.
2) More then one primary filing.
So i guess there are about 100K duplicate and invalid applications.
In a way our community contributes to our own downfall...
Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.
I think that is not really true - You cannot file more than one I485 as in other stages of immigration process (you can file multiple H1B’s; multiple I140’s etc). Because I485 is for adjustment of status to an individual and is unique for each individual. Yes there will be applications for primary and dependent but each of them take a visa number anyway and they have to be counted.
In the I485 – adjustment of status - an applicant can change the preference category (EB2 vs EB3) by interfiling new I140 approval i.e. by suppling the new I140 approval papers which will update an existing I485 but cannot file a new I485. This is true for EB category cases. I am not sure if we can apply I485 in EB and FB categories – I doubt that as well but even if its possible how many people in EB category can have FB application pending? My guess is less than 1%.
If 800K has both FB and EB applications, majority of them may be FB but even in EB there can be huge backlog. Considering country quotas we are looking at very long waits unless the law change.
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