abracadabra
07-16 02:02 PM
Interesting, in that case we all are approved :)
Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
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immiadvise
01-02 12:06 AM
Thanks gveerab,hpandey,johnamit,wandmaker for your valuable suggestions.
gregspirited
03-24 11:42 AM
I have a quick question related to my approved I-140 and my spouse's visa status. My wife got into a medical residency and the hospital that she plans to join will sponsor only J1 visa for her. I was wondering if the J1 visa for her will be affected by the fact that my I-140 is approved. My law firm says that they had to include my spouse's name in I-140 application as a requirement.
My concern is since I-140 is a petition to immigrate to US what are the risks involved with my wife's J1 visa. Can she go to India to get her J1 visa stamping? Will the approved I-140 negatively affect her chances of entering back US at the port of entry?
My concern is since I-140 is a petition to immigrate to US what are the risks involved with my wife's J1 visa. Can she go to India to get her J1 visa stamping? Will the approved I-140 negatively affect her chances of entering back US at the port of entry?
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pd_recapturing
08-15 07:59 PM
I do not think so. I have contacted Congressman but I doubt my lawyer pr employer will ever know about it. But on separate note, whats the issue if employer/lawyer get to know about it ?
more...
sac-r-ten
02-10 03:08 PM
The call is on Thursday (today). Please send in your questions as soon as possible to IVCoordinator@gmail.com
What is the deadline for sending the questions? can it be sent 1hour before the call starts?
Also, what is the number to be called?
thank you.
What is the deadline for sending the questions? can it be sent 1hour before the call starts?
Also, what is the number to be called?
thank you.
ragz4u
02-24 12:27 PM
Thanks to gc_check for posting this info here (http://immigrationvoice.org/forum/showpost.php?p=1855&postcount=175)
The pdf doc is here (http://www.aila.org/content/default.aspx?docid=18639) and the main stuff starts after page 181
This is a really long document...but a few things that I glanced through are
1) Advanced degree in STEM + 3 years work ex = no numerical limit
2) Total EB category visa bumped up to 290,000
3) Dependents not to be included in numerical cap
All of this is good, but lets not get too happy so soon. Remember S.1932? We need to make sure that we keep the pressure on the lawmakers (who are pro-immigrants) not to budge this time in the conference committee. At the same time, we need to try and educate the anti-immigrant lawmakers that we are not ILLEGALs.
Do your bit: Recruit friends to join IV, volunteer by contacting lawmakers etc and contribute. Together we can win!
The pdf doc is here (http://www.aila.org/content/default.aspx?docid=18639) and the main stuff starts after page 181
This is a really long document...but a few things that I glanced through are
1) Advanced degree in STEM + 3 years work ex = no numerical limit
2) Total EB category visa bumped up to 290,000
3) Dependents not to be included in numerical cap
All of this is good, but lets not get too happy so soon. Remember S.1932? We need to make sure that we keep the pressure on the lawmakers (who are pro-immigrants) not to budge this time in the conference committee. At the same time, we need to try and educate the anti-immigrant lawmakers that we are not ILLEGALs.
Do your bit: Recruit friends to join IV, volunteer by contacting lawmakers etc and contribute. Together we can win!
more...
sukhwinderd
09-12 03:06 PM
my case was sent to TX office on 6/29 for 7/2 delivery and i checked online the receipt date was 7/31. dont know why. should be 7/2
but i got FP notice on 9/10 for appt dt = 9/25
hope this helps.
but i got FP notice on 9/10 for appt dt = 9/25
hope this helps.
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skpanda
05-17 07:03 PM
This is a tricky situation. I would suggest you consult your attorney.
Since one of your parent's is Indian citizen having a Birth place Nepal and Obtaining an Indian Passport is a valid situation. There are many people who are born outside India for various reasons. Their Indian citizen parent(s) can get Indian citizenship for them.
In my opinion, you should change the place of birth in your passport as Nepal (provided you have proof). This way, it not confuse USCIS. Remember no matter which Citizenship you have, your place of birth is what determines the Chargebility.
Once you are able to change the place of birth on your passport and show Birth Certificate from Nepal you are good to go!!
Please update here about any new developments in your case!!
All the very best!
Thanks Nathan for quick response.
But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?
Are there more people like me here? who were born outside of india, but are Indian citizens?
Thank you for help
Since one of your parent's is Indian citizen having a Birth place Nepal and Obtaining an Indian Passport is a valid situation. There are many people who are born outside India for various reasons. Their Indian citizen parent(s) can get Indian citizenship for them.
In my opinion, you should change the place of birth in your passport as Nepal (provided you have proof). This way, it not confuse USCIS. Remember no matter which Citizenship you have, your place of birth is what determines the Chargebility.
Once you are able to change the place of birth on your passport and show Birth Certificate from Nepal you are good to go!!
Please update here about any new developments in your case!!
All the very best!
Thanks Nathan for quick response.
But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?
Are there more people like me here? who were born outside of india, but are Indian citizens?
Thank you for help
more...
JunRN
12-18 04:37 PM
I was reading the AC21 memo just few minutes ago. Yes, an Approved I-140 can be reversed and denied on this case:
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
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msyedy
01-10 02:06 PM
Hey BacktoSchool
If you have EB3 2002 labor approved( I have not seen that in your post) now.
If the above statement is true, then File another labor in EB2 through perm which will be approved in 6 months.
Get I-140 of both EB3 and EB2 labor approved via premium.
USE EB3 priority with the EB2 labor, that means you can file for I-485 and get EAD because the proprity date EB2 category is accepting is Jan-2003 and your priority is June 2002.
Think on this, ask your employer and lawyer, couple of my friends are doing this.
In max six months time you will be eligible for I-485
If you have EB3 2002 labor approved( I have not seen that in your post) now.
If the above statement is true, then File another labor in EB2 through perm which will be approved in 6 months.
Get I-140 of both EB3 and EB2 labor approved via premium.
USE EB3 priority with the EB2 labor, that means you can file for I-485 and get EAD because the proprity date EB2 category is accepting is Jan-2003 and your priority is June 2002.
Think on this, ask your employer and lawyer, couple of my friends are doing this.
In max six months time you will be eligible for I-485
more...
wandmaker
08-10 07:43 AM
I have been given Form 221(g) after my interview and asked for some documents to be delivered. To my astonishment, my petitioner has denied to send me those documents as they say that they don't have those.
In this situation, is it possible for me to Transfer my case to another employer/petitioner ?
Please advise me urgently on this matter
:(
If you have not completed your 6 years (or you have an approved 140) then you can find an employer to file a new H1B and you will not be counted against H1B cap. Do the premium and reapply for visa at the consulate. Try to carry a proof that your employer has declined to provide you with the documents requested.
Secondly, please post what documents consulate requested you to submit - I am sure one of the IVans will post you with alternatives. If one of the documents happens to be your personal credentials, wage statements and etc - even if you reapply with new employer, you will be no different than what you are now. BTW, is it your first time stamping?.
In this situation, is it possible for me to Transfer my case to another employer/petitioner ?
Please advise me urgently on this matter
:(
If you have not completed your 6 years (or you have an approved 140) then you can find an employer to file a new H1B and you will not be counted against H1B cap. Do the premium and reapply for visa at the consulate. Try to carry a proof that your employer has declined to provide you with the documents requested.
Secondly, please post what documents consulate requested you to submit - I am sure one of the IVans will post you with alternatives. If one of the documents happens to be your personal credentials, wage statements and etc - even if you reapply with new employer, you will be no different than what you are now. BTW, is it your first time stamping?.
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ash0210
05-08 04:44 PM
Yes, I did contributed for this month..
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10-03 02:36 PM
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jthomas
03-04 11:22 PM
During this process of recession why USCIS does not help the economy by hiring more employees or contractors and issuing green cards. However, green card guys may think of buying houses and improve economy.
Is it a good idea to request Obama, USCIS to employ more peoples(decrease unemployment), process work faster, and let the green card guys invest money in US to improve economy.
LOL
Is it a good idea to request Obama, USCIS to employ more peoples(decrease unemployment), process work faster, and let the green card guys invest money in US to improve economy.
LOL
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dealsnet
01-05 11:41 AM
First year or 10th year of H1B, the law is same.
Can I use AVR even if I am on my 8th year of H1B (because of an approved I140, waiting for I485 to become current)?
Can I use AVR even if I am on my 8th year of H1B (because of an approved I140, waiting for I485 to become current)?
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gauravsh
02-26 01:54 PM
Ok, so the above says that you can get a "immigrant visa" based on approved 140 (for your case). In order to get that "immigrant visa" that will allow you to work "indefinitely", you need to actually apply for the the "visa". Based on your 140, you can apply for this "immigrant visa" in two ways. If you are outside of the country, do what is called "consular processing" where you apply for a immigrant visa at a US consulate in a different country. If you are already (legally) in the US, you apply for what is called adjustment of status. The problem is that these "immigrant visas" based on 140 are in short supply compared to demand. Join the queue.
... so whats your confusion?
No confusion now!! thanks.
... so whats your confusion?
No confusion now!! thanks.
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chansek
07-21 11:33 PM
Hi,
Is Personnel check allowed for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
Is Personnel check allowed for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
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neeidd
10-15 11:42 PM
Not sure what they do in the secondary inspection.. In my case they asked no questions at all.. Just asked me to sit and wait while they entered / checked something in their system. I was in and out within 20 mnts.
Thanks for your response
Thanks for your response
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walker15
04-06 06:38 PM
Hi tabletpc,
Sorry to hear that your father is admitted in hospital. Hope everything will be fine.
As a returning H1B employee you are eligible for emergency appt. Eventhough you don't see vacant spots, you should keep logging frequently to grab cancellations(vacant) appts.
FYI: I just browsed and saw many appts available for the month of April for WORKING IN THE USA OPTION.
Good luck
Sorry to hear that your father is admitted in hospital. Hope everything will be fine.
As a returning H1B employee you are eligible for emergency appt. Eventhough you don't see vacant spots, you should keep logging frequently to grab cancellations(vacant) appts.
FYI: I just browsed and saw many appts available for the month of April for WORKING IN THE USA OPTION.
Good luck
bigboy007
04-18 03:50 AM
But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
Imigrait
02-07 12:44 PM
Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?
Not sure about H1B, but I know this that she has to get give some certification exams for the state that she wants to practice from. A friend's wife got a certification done and then she worked in the US, and her employer filed for her GC and the GC was approved in 6 months in 2006. They are from India. I believe the US has a huge need for physiotheraphists and so under some rule/quota they get a GC very fast.
Not sure about H1B, but I know this that she has to get give some certification exams for the state that she wants to practice from. A friend's wife got a certification done and then she worked in the US, and her employer filed for her GC and the GC was approved in 6 months in 2006. They are from India. I believe the US has a huge need for physiotheraphists and so under some rule/quota they get a GC very fast.
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