gc_bulgaria
10-09 04:59 PM
I agree - the post is a little erroneous. I'll try change it.
Cant change the thread title ... Sorry
Cant change the thread title ... Sorry
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prem_goel
11-25 01:27 PM
Dipika,
Please make sure to add a disclaimer if your post has not been helpful and creates unnecessary panic ;) (For ex: Don't blame IV if that happens )
Please make sure to add a disclaimer if your post has not been helpful and creates unnecessary panic ;) (For ex: Don't blame IV if that happens )
karthikgk
02-20 08:30 AM
Thanks vegasbaby. The info is quite usefull
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vin13
01-08 12:30 PM
LostInGCProcess, Since you used AP to enter do you now loose your H1 status? just curious to know.
I read in other blogs that your status would be AOS if you enter using AP and not H1-B. If you need to retain H1-b then your I-94 needs to be stamped as that at the port of entry.
Any comments......
I read in other blogs that your status would be AOS if you enter using AP and not H1-B. If you need to retain H1-b then your I-94 needs to be stamped as that at the port of entry.
Any comments......
more...
a_yaja
07-20 10:47 AM
I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -
1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?
2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.
3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.
Any suggestions from the community out there?
Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?
One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.
While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.
Best to ask your lawyer.
1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?
2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.
3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.
Any suggestions from the community out there?
Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?
One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.
While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.
Best to ask your lawyer.
stueym
07-09 03:48 PM
Thank you for all your support. Quick update. Our video now has 1439 viewings, 132 ratings and 38 comments (as at 4:15pm EDT 7/9). This has resulted in us having the #32 top rated video of the week in News and Politics. Your support has been wonderful and thank you for your positive comments.
We have looked at a large number of the other videos in the competition and we certainly have a much higher rating and viewings than any of the videos other than the ones posted in the first week of the competition. Sadly we dont want to monitor them as every time we check their score it rates as another viewing for them :p
We remain hopeful that our moderate position on a difficult topic may give us an edge but who knows. My son is dying to pose a supplementary to the video question about the byzantine process we all have to endure.
Will keep you updated.
We have looked at a large number of the other videos in the competition and we certainly have a much higher rating and viewings than any of the videos other than the ones posted in the first week of the competition. Sadly we dont want to monitor them as every time we check their score it rates as another viewing for them :p
We remain hopeful that our moderate position on a difficult topic may give us an edge but who knows. My son is dying to pose a supplementary to the video question about the byzantine process we all have to endure.
Will keep you updated.
more...
snathan
03-31 01:42 PM
You were one of them, if I remember right..
However, I appreciate the rest of your post. It makes a lot of sense. We should talk only about things that benefit EB community. Leave things like this to the anti's.
When anti's strike, we should counter-strike by saying: So solution is, grant GC etc :D
Care to explain...? I never used this in any argument.
However, I appreciate the rest of your post. It makes a lot of sense. We should talk only about things that benefit EB community. Leave things like this to the anti's.
When anti's strike, we should counter-strike by saying: So solution is, grant GC etc :D
Care to explain...? I never used this in any argument.
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irock
08-03 05:20 PM
Hello,
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
As rustamehind mentioned, file Motion to re-open. If you get your EAD before re-opened H1B is approved/denied, you can start working on EAD.
btw, do you know the reason for denial? what RFE you got? What center you applied? I hear lot of RFEs/denials from California center.
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
As rustamehind mentioned, file Motion to re-open. If you get your EAD before re-opened H1B is approved/denied, you can start working on EAD.
btw, do you know the reason for denial? what RFE you got? What center you applied? I hear lot of RFEs/denials from California center.
more...
eagerr2i
11-06 03:28 PM
Here is the link with the clarification released on Jun 6th By Michael Aytes, Astt Director of USCIS regarding Non Cap h1B's
http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf
These roles qualify for non cap H1B's
* Renewals of existing H1b's
* If are working for a not for profit institution
* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.
What kind of institution will your wife be a financial analyst in?
I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.
http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf
These roles qualify for non cap H1B's
* Renewals of existing H1b's
* If are working for a not for profit institution
* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.
What kind of institution will your wife be a financial analyst in?
I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.
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gsc999
01-21 01:36 AM
Thanks everyone who showed up. We actually did better than we had expected.
A total of 55 letters signed today, and will be dispatched tomorrow to the White House and to IV.
Go NORCAL, go IV!
---
Update: We have 10 more. That takes the total to 65.
Cheers!
A total of 55 letters signed today, and will be dispatched tomorrow to the White House and to IV.
Go NORCAL, go IV!
---
Update: We have 10 more. That takes the total to 65.
Cheers!
more...
saketkapur
01-21 12:57 PM
Hi Guys
As all of us know that the renewal process for EADs will start from end Feb for people who were short changed last year and had lost 3 months on their EAD renewals in EAD. USCIS had issued record number of EADs by June end last year to avoid giving 2 year EADs and those people are coming up for renewal now.
So to me it looks like a pure scam. Move the dates significantly ahead since if the PD is current then they only need to issue 1 year EAD and then move them back next month or so.
Keep milking the cow as current PDs do not neccessarily mean getting green. Just my 2 cents.
regards
Saket
As all of us know that the renewal process for EADs will start from end Feb for people who were short changed last year and had lost 3 months on their EAD renewals in EAD. USCIS had issued record number of EADs by June end last year to avoid giving 2 year EADs and those people are coming up for renewal now.
So to me it looks like a pure scam. Move the dates significantly ahead since if the PD is current then they only need to issue 1 year EAD and then move them back next month or so.
Keep milking the cow as current PDs do not neccessarily mean getting green. Just my 2 cents.
regards
Saket
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nfinity
09-14 03:11 PM
Most of us have been severely impacted in life long decisions like
- getting married
- bringing spouse over
- future of children
- immigration to another country
- opening a business
- getting a raise
- promotions
being seen on tv should be the last thing that should come to mind.
- getting married
- bringing spouse over
- future of children
- immigration to another country
- opening a business
- getting a raise
- promotions
being seen on tv should be the last thing that should come to mind.
more...
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immi2006
05-04 12:59 PM
Hi,
I spent 2 weeks just looking at all immigration.com posts and analysing the data patterns posted on the BEC, permtracker, calif 140 stage and so on... no one has published a report for a ready reckoner. I wanted to see the data sample to see where we stand today on the status as a snapshot, the data could be off the mark, because there could be folks who filed multiple LCs, and not withdrawn when one of them is approved !..or there could be employers who may have filed Eb2 and Eb3 for same person, cannot gurantee... so, the data is based on all postings of immigration.com, I would encourage u to read some of the posts to get a first hand feeling of the trends.
I spent 2 weeks just looking at all immigration.com posts and analysing the data patterns posted on the BEC, permtracker, calif 140 stage and so on... no one has published a report for a ready reckoner. I wanted to see the data sample to see where we stand today on the status as a snapshot, the data could be off the mark, because there could be folks who filed multiple LCs, and not withdrawn when one of them is approved !..or there could be employers who may have filed Eb2 and Eb3 for same person, cannot gurantee... so, the data is based on all postings of immigration.com, I would encourage u to read some of the posts to get a first hand feeling of the trends.
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hpandey
04-29 10:54 AM
Thanks kaisersose.
Anyone else have any inputs. I need to make this decision soon and would appreciate as many inputs as possible.
Thanks.
H1-b extension rarely gets denied so you don't need to worry but if you are worried about it ( most people in the GC line have had their H1's renewed multiple times ) then use the EAD for working . EAD would also give you flexibility to change jobs in future to a better paying employer.
H1-b RFE or denial for you will not affect your GC process since you are a derivative application unless you have done something really illegal .
I would advise you not to get worried. You just need to decide whether you want to maintain your H1 status or work on EAD. Everything will be fine either way.
Anyone else have any inputs. I need to make this decision soon and would appreciate as many inputs as possible.
Thanks.
H1-b extension rarely gets denied so you don't need to worry but if you are worried about it ( most people in the GC line have had their H1's renewed multiple times ) then use the EAD for working . EAD would also give you flexibility to change jobs in future to a better paying employer.
H1-b RFE or denial for you will not affect your GC process since you are a derivative application unless you have done something really illegal .
I would advise you not to get worried. You just need to decide whether you want to maintain your H1 status or work on EAD. Everything will be fine either way.
more...
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chanduv23
09-15 09:59 PM
No place for the selfish - and for those lazy people expecting others to do it for them
AMERICA IS FOR THE BRAVE,
WORLD IS FOR THE BRAVE
NO ROOM FOR SELFISH
NO ROOM FOR COWARDS
NO ROOM FOR LAZY
AMERICA IS FOR THE BRAVE,
WORLD IS FOR THE BRAVE
NO ROOM FOR SELFISH
NO ROOM FOR COWARDS
NO ROOM FOR LAZY
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Irs
05-12 09:48 AM
if you go to India and your application is cleared when you are there, you must return to the consulate who approved your application to get your visa stamped.
more...
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RandyK
10-01 07:00 PM
What is the status of this bill ? Anyone?
Is Sen Cornyn's amendment to this bill still considered ?
Nothing about this bill has comeup during the last few days.......
Is Sen Cornyn's amendment to this bill still considered ?
Nothing about this bill has comeup during the last few days.......
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desi3933
03-03 12:42 PM
LC approved in 2006, can I still apply for I-140?
No.
No.
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Dhundhun
06-02 12:44 AM
good point... is the employer supposed to share the labor information with us?
Yes. One need to know, how LCA for GC was filed for at least two things:
-- Job Profile
-- Salary
Employer should let employee know it.
The reason they employers to hide is that if known, an employee may leave easily.
Yes. One need to know, how LCA for GC was filed for at least two things:
-- Job Profile
-- Salary
Employer should let employee know it.
The reason they employers to hide is that if known, an employee may leave easily.
eb3_nepa
07-21 09:49 AM
EB3_NEPA
As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.
And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.
If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...
I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.
Hope this helps...
:( That sucks, but thanks for the info.
As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.
And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.
If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...
I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.
Hope this helps...
:( That sucks, but thanks for the info.
satyasaich
05-01 02:05 PM
Yes. Please see
the web site
Does - Emergency Appoinment include - people already
working in US ? are you sure ?
the web site
Does - Emergency Appoinment include - people already
working in US ? are you sure ?
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