alien2006
07-11 07:54 AM
Well i just sent a message to my lawyer and this is the reply i received.
"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."
Pls comment:)
Yes your lawyer is correct. You count towards the cap only once.
On the other hand, you mentioned that she is a teacher. If she works for non profit, govt, entities her H1 is also not counted towards the cap. So if she was working for a school earlier on a H1, then if she now wants to move to the industry on a new job, the new H1 will count towards the cap.
"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."
Pls comment:)
Yes your lawyer is correct. You count towards the cap only once.
On the other hand, you mentioned that she is a teacher. If she works for non profit, govt, entities her H1 is also not counted towards the cap. So if she was working for a school earlier on a H1, then if she now wants to move to the industry on a new job, the new H1 will count towards the cap.
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ronhira
04-26 07:44 PM
this is how cir will end..... with a procedural vote -
Financial regulation plan fails first Senate test - U.S. business- msnbc.com (http://www.msnbc.msn.com/id/36770907/ns/business-us_business/)
bet $100?
Financial regulation plan fails first Senate test - U.S. business- msnbc.com (http://www.msnbc.msn.com/id/36770907/ns/business-us_business/)
bet $100?
optimystic
04-22 03:49 PM
I-485 could be from family based, EB1 and ROW categories. I dont all these became Unavailable on July 2nd. Also you are right, USCIS didnt reject applications even though they came in between July 2nd and 17th.
That particular date of July 11 at NSC is for EB I-485 !
That particular date of July 11 at NSC is for EB I-485 !
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Hey Ram GC
04-08 11:45 AM
webm: what is the status of your application ( 485), is your NC, SC or fingurprints all clear. Did you speak to any IO about any update on your case as your PD is current ( 01 Oct).
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cheg
08-30 02:41 AM
I was thinking that 'Parolee' seems to be the logical choice but I also think that one has to re-enter using advance parole to be called a 'Parolee' exactly what shreekhand said. I would say you're an 'Adjustee' but it's not in the choices so I suggest doing the paper-based application. Good luck!
In legal parlance it is referred to as "period of stay as authorized by the Attorney General".
Parolee sounds to fit somewhere right there from among the options, though in my opinion a person has to re-enter the US as a parolee.
In legal parlance it is referred to as "period of stay as authorized by the Attorney General".
Parolee sounds to fit somewhere right there from among the options, though in my opinion a person has to re-enter the US as a parolee.
surabhi
06-02 11:37 AM
just one more Qn:
My L1 ends Sep 3rd week.
If I decide not to do extension, is it ok to stay in US for those 2 weeks until Oct1. so I can start working under H1 ?
those 14 days out-of-status : How bad is it ?
thanks.
I wouldnt do that. You can arrive 10 days early, but not sure if it would be applicable here. Even then you have more than 10 days to account for. You will not accumulate much out of status period. It should be 180 days of out of status before it gets ugly, but why invite trouble.
I think attorney would advise to file another non immigrant visa , generally a B1 ( tourist visa) for the interim period.
Thre is grace period for OPT - H1 for similar scenario. I dont think its applicable for L1B
My L1 ends Sep 3rd week.
If I decide not to do extension, is it ok to stay in US for those 2 weeks until Oct1. so I can start working under H1 ?
those 14 days out-of-status : How bad is it ?
thanks.
I wouldnt do that. You can arrive 10 days early, but not sure if it would be applicable here. Even then you have more than 10 days to account for. You will not accumulate much out of status period. It should be 180 days of out of status before it gets ugly, but why invite trouble.
I think attorney would advise to file another non immigrant visa , generally a B1 ( tourist visa) for the interim period.
Thre is grace period for OPT - H1 for similar scenario. I dont think its applicable for L1B
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franklin
06-22 08:24 PM
Your choice - you can follow the instructions sent by UCSIS and hope for a smooth processing of I 485, or ignore the instructions and be sure to have delays
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coolpal
03-27 12:45 PM
I feel the same... but I'm not sure if I am ready to go back just yet. I spent beyond my means to get my masters and spent a couple of years just paying it back.
I might have some left in me to try again one more time and hoping that some reforms would happen which would help me then.
But yeah, I am not sure if I'll really go after that h1 if I have to go for stamping now.
pal :)
I might have some left in me to try again one more time and hoping that some reforms would happen which would help me then.
But yeah, I am not sure if I'll really go after that h1 if I have to go for stamping now.
pal :)
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jesicakalra
01-30 06:26 AM
China is a very good place for Indian ........
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Pagal
09-08 02:06 PM
Hello,
You can work with your HR and lawyers in creating a better job description. Here are some points that I would consider in creating a job description that is honest and flexible...
1. Job should be for future placement (say, in 3-5 years time)
2. Job should offer you reasonable career and skill growth
3. Job should not be constrained to a single geographic location in US
4. Job title should match one of the broad skill categories of DOL (this would allow you to change jobs without having to worry about implications on labor certification)
All the best...
You can work with your HR and lawyers in creating a better job description. Here are some points that I would consider in creating a job description that is honest and flexible...
1. Job should be for future placement (say, in 3-5 years time)
2. Job should offer you reasonable career and skill growth
3. Job should not be constrained to a single geographic location in US
4. Job title should match one of the broad skill categories of DOL (this would allow you to change jobs without having to worry about implications on labor certification)
All the best...
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universalgc
08-10 12:41 PM
Hello All
My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
"The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
I am confused,will they accept the application,checks are not cashed yet,applied on july18th
Please Help
Our company checks address is differant than coporate address. We never had any issue with USCIS regarding the address.
I think people are getting lot of doubts because USCIS not issuing the receipts promptly. , some of the checks do not have address also.
Cheer up people think logically and forget about it. Our company attorney charge the amount based on phone calls and emails also. So Dont bother your attorney, it is a simple matter.
My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
"The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
I am confused,will they accept the application,checks are not cashed yet,applied on july18th
Please Help
Our company checks address is differant than coporate address. We never had any issue with USCIS regarding the address.
I think people are getting lot of doubts because USCIS not issuing the receipts promptly. , some of the checks do not have address also.
Cheer up people think logically and forget about it. Our company attorney charge the amount based on phone calls and emails also. So Dont bother your attorney, it is a simple matter.
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hoolahoous
05-27 12:49 AM
...I like the attitude :)
i presume USCIS means 'assuming visa dates are available for everyone' it will take them 3 years to process the current backlog..
so dream on..
i presume USCIS means 'assuming visa dates are available for everyone' it will take them 3 years to process the current backlog..
so dream on..
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ksrk
01-21 06:48 PM
Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.
Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.
If your I-94 says AOS Pending, how are you on H1B?
If you enter the US on AP, your I-94 is stamped as "Adjusting Status" or "AOS Pending" and the expiration date on it is 1yr from date of entry (regardless of when the AP itself expires). And for this you don't need an H1B visa stamp in your passport.
With the "AOS Pending" (or equivalent stamp) on your I-94 and passport, you can't be in the country on H1B. You are "Adjusting Status" and legally in the country. Of course, to (continue to) work under this status, you will need an EAD.
Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.
If your I-94 says AOS Pending, how are you on H1B?
If you enter the US on AP, your I-94 is stamped as "Adjusting Status" or "AOS Pending" and the expiration date on it is 1yr from date of entry (regardless of when the AP itself expires). And for this you don't need an H1B visa stamp in your passport.
With the "AOS Pending" (or equivalent stamp) on your I-94 and passport, you can't be in the country on H1B. You are "Adjusting Status" and legally in the country. Of course, to (continue to) work under this status, you will need an EAD.
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mpadapa
08-15 09:19 AM
singhsa3, Thanks for compiling this report. Could you tone down the statement in the below quote.. make it "You have to be in the same position with same job responsibilities for quite a few years....."
It would be nice if you could provide a link to the USCIS Ombudsman report because you are referring to it a lot. This make the report more authentic for the reader.
Employment Based (EB) Green Card (GC) Laws
� You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
[/B]
It would be nice if you could provide a link to the USCIS Ombudsman report because you are referring to it a lot. This make the report more authentic for the reader.
Employment Based (EB) Green Card (GC) Laws
� You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
[/B]
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anilsal
01-13 10:47 AM
an infopass. The CIS official has a lot of information as to what is happening with the file. They can tell if someone is working on the file.
If infopass does not work, go via senator and ombudsman.
Best of luck!!
If infopass does not work, go via senator and ombudsman.
Best of luck!!
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idleyogi
06-27 02:22 PM
True, some have had this A# assigned on their I-140 approvals and some don't. Anyone knows what's the significance of this?
A# are like social security numbers for immigration purposes. USCIS assigns you one if you don't have it when they are issuing you an emplyment authorization(EAD, OPT), I-140 etc. They will find the one previously issued for you if you don't fill it in. Although they make every effort to find the one previously assigned to you, you might get assigned more than one A# in rare cases. I am not sure what kind of information is associated with these numbers. I am expecting that our immigration history can be retrieved with these numbers
A# are like social security numbers for immigration purposes. USCIS assigns you one if you don't have it when they are issuing you an emplyment authorization(EAD, OPT), I-140 etc. They will find the one previously issued for you if you don't fill it in. Although they make every effort to find the one previously assigned to you, you might get assigned more than one A# in rare cases. I am not sure what kind of information is associated with these numbers. I am expecting that our immigration history can be retrieved with these numbers
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sodh
07-27 04:43 PM
For getting the Copy of my Labor Certificate, Do I still need to submit the FOIA form to USCIS or should it be submitted to different department. Please advise.
Go to USCIS site and download the G-639 form it has the address you can mail the FOIA request to
Go to USCIS site and download the G-639 form it has the address you can mail the FOIA request to
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vxg
09-10 03:42 PM
Folks,
After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...
Officer: Purpose
Me: Me approved my wife not
Officer: cases..
Me: Presented cases
Officer: Yes you are approved...your wife is pending
Me: Oh really that is a revelation....
Me: Why so?is she preadjudicated?
Officer: There could be many reasons...no she is not pre-adjudicated...
Me: What can we do to expedite as she is current
Officer: Nuthin ....I was loosing my temper now...
I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
Officer: gave a vague Monalisa smile...
Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...
On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...
Hope the info helps..
SoP
You do not need Biometrics uploaded for approval. My case was approved without it however they will only send cards after Biometrics are updated.
After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...
Officer: Purpose
Me: Me approved my wife not
Officer: cases..
Me: Presented cases
Officer: Yes you are approved...your wife is pending
Me: Oh really that is a revelation....
Me: Why so?is she preadjudicated?
Officer: There could be many reasons...no she is not pre-adjudicated...
Me: What can we do to expedite as she is current
Officer: Nuthin ....I was loosing my temper now...
I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
Officer: gave a vague Monalisa smile...
Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...
On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...
Hope the info helps..
SoP
You do not need Biometrics uploaded for approval. My case was approved without it however they will only send cards after Biometrics are updated.
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gc_lover
11-20 07:36 AM
I went to court in NJ to pay fine and get rid of points for red-light ticket. I reached there by 5 PM and was not able to get out by 9 PM, 4 hours of hell. It happened that way because people who had attorneys with them were given special treatment and they were able to leave court well before others.
Having a good attorney always makes difference. If you don't have attorney then you are not contributing money towards people who run the system, hence the different treatment.
Having a good attorney always makes difference. If you don't have attorney then you are not contributing money towards people who run the system, hence the different treatment.
shana04
02-01 10:44 AM
Thanks for each on every one of you!
some gave me red, its ok.
I had a problem which I though of sharing, may be some one could provide some insight.
It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.
But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.
some gave me red, its ok.
I had a problem which I though of sharing, may be some one could provide some insight.
It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.
But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.
cool_desi_gc
03-06 11:04 PM
You will get an RFE from USCIS.You can reply to the RFE with the Medicals.
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