admin
06-02 07:01 AM
My spouse's employer will apply for her H1B shortly (she is on F1 right now). Her passport expires in March 2007 but the Indian consulate does not allow you for a renewal earlier than 6 months of the expiration date.
Does USCIS have any requirements for validity dates for passport when application for H1B is sent?
I think USCIS will allow you to file for her H-1. BTW the H-1 quota is over for FY2007 - http://immigrationvoice.org/forum/showthread.php?t=1039
However if your wife has a Masters degree from the US she might still be able to apply.
Does USCIS have any requirements for validity dates for passport when application for H1B is sent?
I think USCIS will allow you to file for her H-1. BTW the H-1 quota is over for FY2007 - http://immigrationvoice.org/forum/showthread.php?t=1039
However if your wife has a Masters degree from the US she might still be able to apply.
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ayaskant
02-01 09:48 AM
I updated my profile with the information I know.
austingc
08-17 02:32 PM
Hello,
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor’s degree in Computer Science plus 5 years experience; 3 year Bachelor’s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "
Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?
Since it was denied on Aug 4th this month, I have 30 days to reopen this case..
Please advise me..
Thanks in advance..
Regds,
Raju
Raju,
This is not enough information to provide any advise. What is the reason USCIS provided in the denial letter. You only provided the PERM details and that does not help anyone.
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor’s degree in Computer Science plus 5 years experience; 3 year Bachelor’s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "
Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?
Since it was denied on Aug 4th this month, I have 30 days to reopen this case..
Please advise me..
Thanks in advance..
Regds,
Raju
Raju,
This is not enough information to provide any advise. What is the reason USCIS provided in the denial letter. You only provided the PERM details and that does not help anyone.
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lostinbeta
10-05 01:12 PM
Hey Ilyas. Thanks for the compliment:)
I think Black, Grey, and Orange are like the best colors together. It is actually the color scheme I am going for on my next version of my site. Oh yeah, and I give you permission to steal anything from me Ilyas:) (that is unless it is personal property)
I think Black, Grey, and Orange are like the best colors together. It is actually the color scheme I am going for on my next version of my site. Oh yeah, and I give you permission to steal anything from me Ilyas:) (that is unless it is personal property)
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vedicman
01-20 12:43 PM
Nearly half of H1B visa holders from India: US report - The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/nearly-half-of-h1b-visa-holders-from-india-us-report/articleshow/7290694.cms)
nkavjs
12-18 01:36 AM
Hello all:
I have few questions related to my travel plans to India. We will be leaving in January 2009.
We have our Advance Parole and EAD approved till 2009. I-485 is still pending . EB3 India.
My H1B visa stamp is not current or up-to-date on my passport. We have booked our flights with North-west airlines and KLM which will depart from Detroit-Amsterdam-Mumbai. I have few questions pertaining to my travel.
1) Would I still need to get a transit visa for Amsterdam, even though our flight will be halting for few may be 3-4 hours at Amsterdam- Schiphol Airport? If I do have to arrange for Amsterdam transit-visa, then where should I start as far as documentation is concerned.
2) Besides carrying my Passport, Advance parole copies with me, please advise me if I need to carry any more documentation from my end.
3) Would I need a copy of employment letter for visa purpose, or carrying my recent pay-stubs would be fine?
I would appreciate if you could please guide me with the travel related visa -requirements and documentation. Thanks!
RPH
I have few questions related to my travel plans to India. We will be leaving in January 2009.
We have our Advance Parole and EAD approved till 2009. I-485 is still pending . EB3 India.
My H1B visa stamp is not current or up-to-date on my passport. We have booked our flights with North-west airlines and KLM which will depart from Detroit-Amsterdam-Mumbai. I have few questions pertaining to my travel.
1) Would I still need to get a transit visa for Amsterdam, even though our flight will be halting for few may be 3-4 hours at Amsterdam- Schiphol Airport? If I do have to arrange for Amsterdam transit-visa, then where should I start as far as documentation is concerned.
2) Besides carrying my Passport, Advance parole copies with me, please advise me if I need to carry any more documentation from my end.
3) Would I need a copy of employment letter for visa purpose, or carrying my recent pay-stubs would be fine?
I would appreciate if you could please guide me with the travel related visa -requirements and documentation. Thanks!
RPH
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go_guy123
03-04 10:06 AM
We guys were discussing proposal for 485 adjudication during retrogession and these guys(USCIS) are moving backwards. Man..when this will end?
USCIS never talked about "proposal for 485 adjudication during retrogression"
People were writing their fantasies on this newsgroup
USCIS never talked about "proposal for 485 adjudication during retrogression"
People were writing their fantasies on this newsgroup
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uslegals
11-11 09:14 AM
Hello Friends,
My current AP expires on 2/18/11. My PD (EB-2) has been current since Sept 2010 but no sign of GC yet. I would like to renew my AP and have decided to file myself Vs using the attorney. Has anybody used the e-filing option OR is it better to send in a hard copy of the application.?
If somebody can kindly direct me to the appropriate links on IV for folks who have filed themselves - i would greatly appreciate that. Any advice on supporting documents, etc. would be really helpful.
Thanks!
My current AP expires on 2/18/11. My PD (EB-2) has been current since Sept 2010 but no sign of GC yet. I would like to renew my AP and have decided to file myself Vs using the attorney. Has anybody used the e-filing option OR is it better to send in a hard copy of the application.?
If somebody can kindly direct me to the appropriate links on IV for folks who have filed themselves - i would greatly appreciate that. Any advice on supporting documents, etc. would be really helpful.
Thanks!
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santa123
06-09 11:20 PM
I suggest that you put things in black and white.
Write to the former employer to let him know that you have been calling him reg the dues. Give him a time frame and let him know that you will consider going to DOL if things are not sorted out.
Pls be polite with your wordings as this may help resolve the issue itself.
Dear Viewers
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
Write to the former employer to let him know that you have been calling him reg the dues. Give him a time frame and let him know that you will consider going to DOL if things are not sorted out.
Pls be polite with your wordings as this may help resolve the issue itself.
Dear Viewers
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
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kcindian
05-29 11:21 AM
Thanks for your response kaisersose.
I understand I can switch jobs with my EAD.
I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?
KC INdian
I understand I can switch jobs with my EAD.
I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?
KC INdian
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psaxena
06-26 07:39 PM
I dialled and I was in the conf call for 10 min , no one else joined in.
I finally give up on all the initiative.. this is just pathetic.. everyone is waiting for someone to else to act.. thats not happening.
Well I am well off without GC as well.. GC is not going to make any impact in my life, I was just trying to do something which was wrong, so when the ones who are suffering they dun care then why should I.
Keep getting exploited and have sleepless nights.. I think the kind of mentality you guys have you deserve it.
I finally give up on all the initiative.. this is just pathetic.. everyone is waiting for someone to else to act.. thats not happening.
Well I am well off without GC as well.. GC is not going to make any impact in my life, I was just trying to do something which was wrong, so when the ones who are suffering they dun care then why should I.
Keep getting exploited and have sleepless nights.. I think the kind of mentality you guys have you deserve it.
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hotshots
06-04 10:37 AM
From Rajiv Khanna's site... http://www.immigration.com/faq/370/unreasonable-h-1-requests-cis
Unreasonable H-1 requests from CIS
USCIS now wants consulting companies to provide tax information on their clients. This is gross over-reaching in my view. Here is an excerpt from an RFE we received last week:
Quote:
Submit evidence that clearly substantiates that the petitioner or petitioner's client's are legitimate business entities and employers. Evidence should include copies of the client�s most recent signed Federal Tax Return and quarterly wage reports for the last quarter. If the clients are publicly traded companies, provide a copy of their most recent annual report and a letter from the president of the company explaining what business they have with the petitioner. If the client is a government agency, provide the contract number and the name of the company that has the primary contract.
As with most things dished out by USCIS, we are dealing with it.
Unreasonable H-1 requests from CIS
USCIS now wants consulting companies to provide tax information on their clients. This is gross over-reaching in my view. Here is an excerpt from an RFE we received last week:
Quote:
Submit evidence that clearly substantiates that the petitioner or petitioner's client's are legitimate business entities and employers. Evidence should include copies of the client�s most recent signed Federal Tax Return and quarterly wage reports for the last quarter. If the clients are publicly traded companies, provide a copy of their most recent annual report and a letter from the president of the company explaining what business they have with the petitioner. If the client is a government agency, provide the contract number and the name of the company that has the primary contract.
As with most things dished out by USCIS, we are dealing with it.
more...
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crazyghoda
05-12 07:08 PM
Interesting. That's why I always fly the US - India non-stop by Delta or Continental nowadays. No more dealing with nonsense from 3rd countries in Europe and their rude immigration officers.
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raysaikat
12-19 08:16 PM
Thank you for replying.
I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?
You are probably reading the notation wrong - it is probably "and/or status".
In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.
The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.
So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).
If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.
In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.
To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.
So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).
You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).
Your case is complex enough that you must seek advice from an immigration attorney before making any decision.
I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?
You are probably reading the notation wrong - it is probably "and/or status".
In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.
The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.
So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).
If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.
In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.
To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.
So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).
You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).
Your case is complex enough that you must seek advice from an immigration attorney before making any decision.
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kumsoft
08-20 07:51 PM
i am july 2nd filer with PD Sept 2005.
I-140 approved in March 2006
I-140 approved in March 2006
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DSLStart
07-28 04:06 PM
I doubt that. Returning after a long period on AP would sure make the POE officer grill that person, as AP is supposed to be used in case of emergencies and humanitarin grounds. I was grilled at IAD on return after 30 days and the POE officer asked me to present documentary evidence of the emergency to travel outside US.
No, no maximum. You just have to have had the AP in hand when you left the US.
No, no maximum. You just have to have had the AP in hand when you left the US.
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webm
07-11 01:42 PM
Count me..PD:EB3-I Oct,2001..AOS still pending...FP,Background check cleared per IO...
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GotGoose?
04-22 07:15 PM
Took your advice and made another one.
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GCaspirations
10-18 11:38 PM
I am one of the July 2 filers. I need to go to India on 1st November. I was hoping that AP will come by that time. But there has been no progress on that. Just spoke to my Attorney. She said that USCIS does not have any facility to issue AP for an emergency.
Then I called USCIS. I was told the same thing. The Customer Service representative said - I should go wherever I need to go. On arrival contact the local US Embassy and tell them that you need AP to travel back. They will "guide you".
On this forum I have read about INFOPASS many times. I was hoping to use that facility if I did not get AP in time. I am trying to find out if anybody actually used INFOPASS to meet a local Immigration Officer and got AP on an emergency basis.
No theoretical guesses please.
Thanks
Local US Embassy cannot process or give you advance parole.
". . . Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment."
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=970596981298d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
Then I called USCIS. I was told the same thing. The Customer Service representative said - I should go wherever I need to go. On arrival contact the local US Embassy and tell them that you need AP to travel back. They will "guide you".
On this forum I have read about INFOPASS many times. I was hoping to use that facility if I did not get AP in time. I am trying to find out if anybody actually used INFOPASS to meet a local Immigration Officer and got AP on an emergency basis.
No theoretical guesses please.
Thanks
Local US Embassy cannot process or give you advance parole.
". . . Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment."
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=970596981298d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
rajivkane
12-08 04:10 PM
Hi!
I received my GC in first week of September'09. After receiving GC I have continued with my sponsor till now - & they continued giving me pay (after the usual big cut from my rate). During the I-485 petition filling my employer has given a letter to USCIS for "future" employment with a fixed base salary. They never gave me this after the GC & now if I go on "bench" they are refusing to give me any salary (since I am using GC & they are not bound to give me the H1B minimum wage!).They may continue my medical insurance (for family & me) provided I pay the whole part! I wanted to continue with my sponsor for six months after GC but under these circumstances is it OK to leave them now & if I face any issue at naturalization will this be a valid reason to convince the officer(in case they ask this question)- although I do not have anything in writting from my employer(except the "future employement letter" & paystubs & e-mail replies to my queries for this)
I am leaving many opportunities just to be with my sponsor for this six months!
Please guide.
Thanks,
Raj
I received my GC in first week of September'09. After receiving GC I have continued with my sponsor till now - & they continued giving me pay (after the usual big cut from my rate). During the I-485 petition filling my employer has given a letter to USCIS for "future" employment with a fixed base salary. They never gave me this after the GC & now if I go on "bench" they are refusing to give me any salary (since I am using GC & they are not bound to give me the H1B minimum wage!).They may continue my medical insurance (for family & me) provided I pay the whole part! I wanted to continue with my sponsor for six months after GC but under these circumstances is it OK to leave them now & if I face any issue at naturalization will this be a valid reason to convince the officer(in case they ask this question)- although I do not have anything in writting from my employer(except the "future employement letter" & paystubs & e-mail replies to my queries for this)
I am leaving many opportunities just to be with my sponsor for this six months!
Please guide.
Thanks,
Raj
tinuverma
10-23 07:37 PM
yeah.....Tuscon...sorry
I live in OKC...so Tulsa comes by default.
I live in OKC...so Tulsa comes by default.