nramesh30
08-02 02:04 PM
Hello All,
As it is very urgent , i kindly request anyone to reply with a detailed or on which clause is it possible to enter usa in this situation.
"My brother entered into the U.S around 2004 with
valid H1B stamping for company A. He was there only
for few months . He didnt work on any project
and he doesnt have any pay stubs. Before he left the
US, company B filed for his H1B visa . After filing
H1B he went back to india and later accepted
a different position in singapore . H1B for company B
was approved successfully after few months.
Its been nearly almost 2 years since that happened .
H1B for company B is valid till sep 2007
Now company C filed for his H1 just few weeks before
and it was approved successfully. He wants
to travel to U.S now and start working for company C .
He went to singapore U.S consulate for H1B visa
stamping for company B. Unfortunately it was rejected.
221(g) . Reason officer gave him was " u
need to have 13 years experience to take up this job".
My brother tried to explain to them . But they wouldnt
listen. Also they retained all the H1B documents
related to comapny B.Also they have put an entry in
his passport saying 221(g) and the date.
Company C is still asking him to travel to U.S , since
he has a valid visa stamping with company A until Aug
26 2006. My brother has valid H1B petition thru
company C which is valid till june 2009.
1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?
2)Will there be questions at the port of entry ?
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
4)Any chance he wont be let inside U.S ?
5)Can he show them the h1b approvals for company C ?
6)Any tips to handle the officer at POE?
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Any little help is also appreciated.
I need answer mainly for question 1 and 8
As it is very urgent , i kindly request anyone to reply with a detailed or on which clause is it possible to enter usa in this situation.
"My brother entered into the U.S around 2004 with
valid H1B stamping for company A. He was there only
for few months . He didnt work on any project
and he doesnt have any pay stubs. Before he left the
US, company B filed for his H1B visa . After filing
H1B he went back to india and later accepted
a different position in singapore . H1B for company B
was approved successfully after few months.
Its been nearly almost 2 years since that happened .
H1B for company B is valid till sep 2007
Now company C filed for his H1 just few weeks before
and it was approved successfully. He wants
to travel to U.S now and start working for company C .
He went to singapore U.S consulate for H1B visa
stamping for company B. Unfortunately it was rejected.
221(g) . Reason officer gave him was " u
need to have 13 years experience to take up this job".
My brother tried to explain to them . But they wouldnt
listen. Also they retained all the H1B documents
related to comapny B.Also they have put an entry in
his passport saying 221(g) and the date.
Company C is still asking him to travel to U.S , since
he has a valid visa stamping with company A until Aug
26 2006. My brother has valid H1B petition thru
company C which is valid till june 2009.
1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?
2)Will there be questions at the port of entry ?
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
4)Any chance he wont be let inside U.S ?
5)Can he show them the h1b approvals for company C ?
6)Any tips to handle the officer at POE?
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Any little help is also appreciated.
I need answer mainly for question 1 and 8
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thamizhan
07-17 10:29 PM
This is like giving them a small window to file within 10 days in the old rate other wise....pay the big chunk.
Good tactics....it will be difficult for the people who do not have any medical appointments and other documents that need to come from other countries !!
Good tactics....it will be difficult for the people who do not have any medical appointments and other documents that need to come from other countries !!
sledge_hammer
04-15 07:46 AM
See my answer in blue ...
All,
I know as you all have reached 485 stage so you might be experts who can help answering few of my questions...
1) I work with a company who applied for my labor last year, its approved and now they are filling 140
2) Am applied in EB3 so not sure how many years it will take to get 485 dates to priority dates of 2008 ... am thinking abt 5-8 yrs
3) My wife works in a company who wont apply for her Green Card they dont have a policy
4) Her visa expires after 2 yrs ...
5) If I ask one of the consulting companies X to apply for her green card for future employment and pay all the cost for the green card.
6) Assuming she gets 140 in next 2 yrs before her visa is expired.
Questions .....
a) Can she renew her visa for 3 yrs with her current employer based on 485 filling pending with company X ?
No
b) How much would it cost to apply a green card upto phase 1 and phase 2 ...I might not actually require 485 stage. I just need her processing upto 140 stage so that she can keep renewing the visa until I get my 485 cleared ...in case I leave my job then we might think for her to apply 485 but chances are less.
Depends largely on the attorneys. Anywhere from $2,000 to $7,000
Experts please guide me if this plan would work and if yes how much would it cost me ...
Thanks in advance ..
Lalit
All,
I know as you all have reached 485 stage so you might be experts who can help answering few of my questions...
1) I work with a company who applied for my labor last year, its approved and now they are filling 140
2) Am applied in EB3 so not sure how many years it will take to get 485 dates to priority dates of 2008 ... am thinking abt 5-8 yrs
3) My wife works in a company who wont apply for her Green Card they dont have a policy
4) Her visa expires after 2 yrs ...
5) If I ask one of the consulting companies X to apply for her green card for future employment and pay all the cost for the green card.
6) Assuming she gets 140 in next 2 yrs before her visa is expired.
Questions .....
a) Can she renew her visa for 3 yrs with her current employer based on 485 filling pending with company X ?
No
b) How much would it cost to apply a green card upto phase 1 and phase 2 ...I might not actually require 485 stage. I just need her processing upto 140 stage so that she can keep renewing the visa until I get my 485 cleared ...in case I leave my job then we might think for her to apply 485 but chances are less.
Depends largely on the attorneys. Anywhere from $2,000 to $7,000
Experts please guide me if this plan would work and if yes how much would it cost me ...
Thanks in advance ..
Lalit
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another one
11-02 11:25 AM
NURSE, H-1B FEES TORPEDOED FROM BUDGET BILL
I have learned that the immigration provisions that would have created 61,000 additional green cards for nurses as well as added a $3500 fee to H-1B visas have not survived the conference committee and will not be a part of the bill sent to the President (which he is set to veto). There is much speculation as to why this happened. Many people were deeply troubled by the H-1B and its impact on non-profit and smaller employers. In order to allow Senator Grassley to save face, the push was made to strip all immigration provisions out, even though the H-1B fee opponents likely supported the nurses. We also understand the California Nurses Association, the most vocal anti-immigration nursing group in the country, worked behind the scenes to try and kill the nursing provision. Nice that they care so much about their patients and would rather push death rates up rather than immediately dealing with the nursing crisis.
I have learned that the immigration provisions that would have created 61,000 additional green cards for nurses as well as added a $3500 fee to H-1B visas have not survived the conference committee and will not be a part of the bill sent to the President (which he is set to veto). There is much speculation as to why this happened. Many people were deeply troubled by the H-1B and its impact on non-profit and smaller employers. In order to allow Senator Grassley to save face, the push was made to strip all immigration provisions out, even though the H-1B fee opponents likely supported the nurses. We also understand the California Nurses Association, the most vocal anti-immigration nursing group in the country, worked behind the scenes to try and kill the nursing provision. Nice that they care so much about their patients and would rather push death rates up rather than immediately dealing with the nursing crisis.
more...
mambarg
08-30 01:30 PM
I dont think you mean LUD on 485 correctly.
It has to be after ND.
It has to be after ND.
dbevis
October 16th, 2005, 06:53 PM
There was a piece on one of the news shows this AM. A guy still makes Daguerreotypes (the actual plates, from raw materials!) in New York City. Basically that stuff must be like ISO 0.05 because he was making exposures from 30 seconds to 4 minutes, achieving the 'missing people and cars' effect as a result.
Oh, by the way, he uses a Giotto Rocket blower to blast the dust from his plates before coating with the silver solution.
Oh, by the way, he uses a Giotto Rocket blower to blast the dust from his plates before coating with the silver solution.
more...
WeShallOvercome
12-26 12:49 PM
I suppose you are living in USA.
On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.
On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.
To answer your question, you are a non-permanent resident alien.
Venram,
I'm afraid your understanding of the term 'resident' or 'non-resident' is not correct.
In US immigration jargon, a resident-alien is someone who lives and works in US on a permanent basis- like on a Green card.
The term non-resident here does not mean that you are not residing in the US. It only means that you are an alien, living and/or working in the US on a temporary basis, and you are not a (Permanent) resident.
Resident alien - An alien living here on a permanent basis
NonResident Alien - An alien living here on a temporary basis
I've never heard of the term 'non-permanent Resident alien'.. I think it is same as non-resident alien..
On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.
On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.
To answer your question, you are a non-permanent resident alien.
Venram,
I'm afraid your understanding of the term 'resident' or 'non-resident' is not correct.
In US immigration jargon, a resident-alien is someone who lives and works in US on a permanent basis- like on a Green card.
The term non-resident here does not mean that you are not residing in the US. It only means that you are an alien, living and/or working in the US on a temporary basis, and you are not a (Permanent) resident.
Resident alien - An alien living here on a permanent basis
NonResident Alien - An alien living here on a temporary basis
I've never heard of the term 'non-permanent Resident alien'.. I think it is same as non-resident alien..
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sodh
07-24 12:57 AM
Hi,
My situation is as follows:
1) approved RIR labor 2002
2) approved perm labor 2005
3) approved i-140 2006 (PD 2005)
4) ALL of above for company-A. 2006 company-B took over.
My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.
I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.
SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(
Regards,
-Ravi
Your Lawyer is right if the merger is only asset type and not transfer of shares between your old company and new company your application will be rejected.
My situation is as follows:
1) approved RIR labor 2002
2) approved perm labor 2005
3) approved i-140 2006 (PD 2005)
4) ALL of above for company-A. 2006 company-B took over.
My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.
I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.
SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(
Regards,
-Ravi
Your Lawyer is right if the merger is only asset type and not transfer of shares between your old company and new company your application will be rejected.
more...
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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milind70
08-28 10:13 AM
is it not required for the beneficiary to sign the approved labor before attaching it to the I140 petition ?
i dont think so, i never signed anything while filing for 140 ,my attorney took care of everything, i did not sign even the G 28 Form. I filed i 140 in March 2007 got approval in April /may 2007.
At 485 stage i only signed G 28 form as i was filing thru an attorney.File 485 in July 2007.
Relax chill, i think you are fine.
i dont think so, i never signed anything while filing for 140 ,my attorney took care of everything, i did not sign even the G 28 Form. I filed i 140 in March 2007 got approval in April /may 2007.
At 485 stage i only signed G 28 form as i was filing thru an attorney.File 485 in July 2007.
Relax chill, i think you are fine.
more...
Dhundhun
07-16 02:27 PM
I am not sure how important the processing dates update, If you look in , there are many approvals whose mailed/application dates are well beyond Jul 17 (for TSC). This makes me question what is the processing date updates mean?
"Processing Date" means thay have touched all the files before that - from approval point of view (this is not just FP or Name Checks). This could be like - officer has seen every page of application and put his remarks related to approval.
They also continue to work beyond Processing Dates - our experience with EAD proves that.
"Processing Date" means thay have touched all the files before that - from approval point of view (this is not just FP or Name Checks). This could be like - officer has seen every page of application and put his remarks related to approval.
They also continue to work beyond Processing Dates - our experience with EAD proves that.
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gultie2k
07-07 12:42 PM
Mr Ganguteli!
Please refrain from intimidating others in pain. Hoping for large scale denials will not help your cause in any way.
Please refrain from intimidating others in pain. Hoping for large scale denials will not help your cause in any way.
more...
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kopguy
05-12 06:56 PM
My PD is Sep-03, EB3-India. I left the employer who sponsored me one year after I filled 485 (thanks to July-07 fiasco). I have over 12 years of experience and was wondering if it was possible to port to EB-2 without having to file for new labor by just refilling I-140.
Thanks
Thanks
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tiinap
02-01 08:22 PM
Right, the Senate is definitely the key. Because after all, right now we have a president who has always supported expanding legal immigration and look how far that has taken us in the last 8 years :).
Still, the President has important powers:
(S)he can set the course on this issue, and continue to push for CIR and shape the discussion in a positive direction, or just neglect this topic.
More importantly, the President has veto powers. If our president will be Romney, I'm afraid he'd veto bills that do anything to expand legal immigration, and just ramble on about the fence. If our president will be Hillary, I'm afraid she might gladly sign a bill that wipes out the H1B program (she has said that she wants to have a temporary worker program for agriculture only) or cuts back on EB immigration even further.
I think our fates do depend to some extent on who the next President will be. I'm just curious who should I be rooting for and who should I recommend that my U.S. citizen friends vote for, because it's hard to make sense of their message.
Still, the President has important powers:
(S)he can set the course on this issue, and continue to push for CIR and shape the discussion in a positive direction, or just neglect this topic.
More importantly, the President has veto powers. If our president will be Romney, I'm afraid he'd veto bills that do anything to expand legal immigration, and just ramble on about the fence. If our president will be Hillary, I'm afraid she might gladly sign a bill that wipes out the H1B program (she has said that she wants to have a temporary worker program for agriculture only) or cuts back on EB immigration even further.
I think our fates do depend to some extent on who the next President will be. I'm just curious who should I be rooting for and who should I recommend that my U.S. citizen friends vote for, because it's hard to make sense of their message.
more...
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vivache
10-30 12:25 PM
My EAD application has been pending more than 90 days.
Just called the USCIS office.
Look like the center it has been sent to is processing EAD's of date: May 03.
So my application is still 2.5 months away.
The agent tells me that I can get an interim EAD, by scheduling an appointment using InfoPass: http://infopass.uscis.gov/index.php
Just posting this since, I had earlier asked about the 90 day rule for EAD's(if you do not get within 90 days, you can get from local office) and everyone told me that .. this rule was dead and buried.
Looks like it isn't :)
Just called the USCIS office.
Look like the center it has been sent to is processing EAD's of date: May 03.
So my application is still 2.5 months away.
The agent tells me that I can get an interim EAD, by scheduling an appointment using InfoPass: http://infopass.uscis.gov/index.php
Just posting this since, I had earlier asked about the 90 day rule for EAD's(if you do not get within 90 days, you can get from local office) and everyone told me that .. this rule was dead and buried.
Looks like it isn't :)
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thomachan72
03-04 09:29 AM
Isn't there something called I-9 also that has to be maintained by the local HR?
So basically the HR should pocess copies of the latest visa/I-797, I-94, LCA/I-129 and I-9?
Correct / add if anything is missed. This is important for people who work in facilities other than corporate headquarters also where the files will primarily be maintained at the corp headquarters.
So basically the HR should pocess copies of the latest visa/I-797, I-94, LCA/I-129 and I-9?
Correct / add if anything is missed. This is important for people who work in facilities other than corporate headquarters also where the files will primarily be maintained at the corp headquarters.
more...
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newlife2
09-19 10:17 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
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fromnaija
10-09 03:48 PM
I have a hard time to adjust my photo to designated spec. I shrunked to 62kb but they did not take it and if I make it lesser, it won't be 320 x 240 pixels but less. I use regular digital camera. anybody help me how to do?
Print the picture and then scan it to the required resolution.
Print the picture and then scan it to the required resolution.
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GabonpharmD
04-16 12:00 PM
See my answers in red
Thank you so much for your details answers. Thank you!!!!!!!
I will be filing with the company lawyers. I guess the company is wiling to hold me only to the minimum requirement of 90 days after becoming full time, before filing for GC because I've been working for them since last year. My company liaison between the employees and the company lawyers is the one who told me to just buzz him when I am ready after the 90 days full time and he will give the lawyers the green light to go ahead with GC.
Thank you so much for your details answers. Thank you!!!!!!!
I will be filing with the company lawyers. I guess the company is wiling to hold me only to the minimum requirement of 90 days after becoming full time, before filing for GC because I've been working for them since last year. My company liaison between the employees and the company lawyers is the one who told me to just buzz him when I am ready after the 90 days full time and he will give the lawyers the green light to go ahead with GC.
TheHulk
09-11 10:50 AM
I was in a similar situation with EAD
I applied for EAD in November 2008, it got Approved (Card Production Ordered etc) but never rec'd the card.
I raised numerous SR's , spoke to IO' etc. (for 9 Months)
Every IO was very sympathetic but they did not know where my card was.
At last in July 2009 , I spoke to an IO and the said that she would follow it up
The next day, I rec'd an email stating that my Card was sent in November 2008 , since I did not receive it , it might have been lost in the email and If I need EAD, I need to re-apply
After this I spoke to an IO again, she said the case closed - Card lost in email - I need to re-apply.
Anyways... I did not re-apply.
In August 2009 I received my EAD card in the mail :)
I applied for EAD in November 2008, it got Approved (Card Production Ordered etc) but never rec'd the card.
I raised numerous SR's , spoke to IO' etc. (for 9 Months)
Every IO was very sympathetic but they did not know where my card was.
At last in July 2009 , I spoke to an IO and the said that she would follow it up
The next day, I rec'd an email stating that my Card was sent in November 2008 , since I did not receive it , it might have been lost in the email and If I need EAD, I need to re-apply
After this I spoke to an IO again, she said the case closed - Card lost in email - I need to re-apply.
Anyways... I did not re-apply.
In August 2009 I received my EAD card in the mail :)
kshitijnt
04-18 06:55 PM
Today my wifes attorney informed her that her H1 was selected, non masters, non premium process. He also provided her a WAC number