raju6855
02-02 11:04 AM
Ok, I guess we will do that.
Thanks much
Thanks much
jettu77
03-31 08:37 AM
Congratulations!
glus
10-19 08:28 AM
Dear friends,
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
Hello,
INA consists a section of "Presumption of Visa Fraud." It basically states that if a person who entered to the U.S. for the FIRST time and changed status to a different visa category while in the U.S. before 60 days in the initial status have passed, that person might have committed a visa fraud and intended to do it in the first place. Do a google search - "presumption of visa fraud 60 days." I am sure of this as I worked for an immigration law office and we had a few clients with the same problem. After 60 days since you had arrived, that should not be a problem; generally speaking. I would recommend you speak to an immigration attorney before doing it, or request a H-1B visa approval with H1b visa to be issued in your own country instead of changing status in the U.S. now.
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
Hello,
INA consists a section of "Presumption of Visa Fraud." It basically states that if a person who entered to the U.S. for the FIRST time and changed status to a different visa category while in the U.S. before 60 days in the initial status have passed, that person might have committed a visa fraud and intended to do it in the first place. Do a google search - "presumption of visa fraud 60 days." I am sure of this as I worked for an immigration law office and we had a few clients with the same problem. After 60 days since you had arrived, that should not be a problem; generally speaking. I would recommend you speak to an immigration attorney before doing it, or request a H-1B visa approval with H1b visa to be issued in your own country instead of changing status in the U.S. now.
stemcell
02-11 11:55 AM
MOE
Please 'no more posts' and 'GOODBY' :D
Please 'no more posts' and 'GOODBY' :D
more...
pd052009
09-08 12:32 PM
How far are we from hearing that H1/L1 is banned for Govt/Pvt projects?
Good atleast we can have jobs, fr..ing last couple of years tired of loosing jobs because of Outsourcing companies. Waiting for GC from 9 years and now struggling to keep the job because of Outsourcing. Big F for OS
Good atleast we can have jobs, fr..ing last couple of years tired of loosing jobs because of Outsourcing companies. Waiting for GC from 9 years and now struggling to keep the job because of Outsourcing. Big F for OS
senthil
08-23 05:21 PM
on few forums -ive seen people who already filed I-485 and could not file I-485 due to retro applied and received 3yr H1B extn. I dont think it matters if you have applied for EAD/AP or not. Recently one of my friend ( currently on EAD ) , still applied for 3yr H1B extn and got an approval too.
For a safe bet its good to have the EAD/AP with you. has foll advantage
- worst case you can change employment using EAD
- travel issues - esp you can avoid visa related appointment hassle using AP
one more thing - if you dont have travel plans for the next year, you dont need to apply for AP. I beleive only EAD needs periodic renewal every year, independant of if you are using it or not, once you apply first time.
may be many folks here already have real time experiances on this subject, i guess
hope it helps. -- my2c.
all these are my personal views. im not an attorney
thanks
For a safe bet its good to have the EAD/AP with you. has foll advantage
- worst case you can change employment using EAD
- travel issues - esp you can avoid visa related appointment hassle using AP
one more thing - if you dont have travel plans for the next year, you dont need to apply for AP. I beleive only EAD needs periodic renewal every year, independant of if you are using it or not, once you apply first time.
may be many folks here already have real time experiances on this subject, i guess
hope it helps. -- my2c.
all these are my personal views. im not an attorney
thanks
more...
perm2gc
08-23 03:41 PM
No, I do not have a EAD or AP. I did not apply for them. I am planning to keep extending my H1 and not get into the hassle of EAD and AP every year.
When you have chance to use EAD and AP..it is always a good option as you can recapture time on H1 if something goes wrong in later stage of GC process
1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?
As long as you have valid visa stamp..no problem.(H1 aprroval will not make any effect.)
2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.
If you are entering after April2007 and your current visa is expired then you have get VISA STAMP otherwise you can enter on current visa
3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007? Yes you can.
Above replies are my personal views only.Please consult your immigration lawyer
When you have chance to use EAD and AP..it is always a good option as you can recapture time on H1 if something goes wrong in later stage of GC process
1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?
As long as you have valid visa stamp..no problem.(H1 aprroval will not make any effect.)
2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.
If you are entering after April2007 and your current visa is expired then you have get VISA STAMP otherwise you can enter on current visa
3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007? Yes you can.
Above replies are my personal views only.Please consult your immigration lawyer
gopalkrishan
08-03 04:58 PM
Dear Registered OP,
I guess you have accidentally choose IV to post your issue,
the key word search "Frustation" on google might have drove you here,
not your mistake! try this website (http://www.atkins.com/Homepage.aspx) :D
Hi Sanju,
I do realize that IV is a focused forum .. but I thought that since all the members here are stressed with GC process, backlogs and continued frustrations of PD, I would just try to provide them with a moment of smile .. So there was no mistake in my posting on IV ..
More over I posted it under "Interesting Topics" so that I do not hamper any mainstream discussions :) If even this is unacceptable then I will redact my post with due apologies ..
Regards,
Gopal Krishan
I guess you have accidentally choose IV to post your issue,
the key word search "Frustation" on google might have drove you here,
not your mistake! try this website (http://www.atkins.com/Homepage.aspx) :D
Hi Sanju,
I do realize that IV is a focused forum .. but I thought that since all the members here are stressed with GC process, backlogs and continued frustrations of PD, I would just try to provide them with a moment of smile .. So there was no mistake in my posting on IV ..
More over I posted it under "Interesting Topics" so that I do not hamper any mainstream discussions :) If even this is unacceptable then I will redact my post with due apologies ..
Regards,
Gopal Krishan
more...
lunar
07-21 11:43 AM
I Agree it is better not to take risk. But why is this an issue after 3 years of working from home. Next question is If I ask my lawyer not to renew my H1B and only work on EAD does DOL have an issue ? is that risk worth taking. Moving my family entirely for this reason is not a good option.
Ann Ruben
06-25 10:51 AM
Unfortunately, there are no good solutions to this problem. Humanitarian Parole is possible, but not likely except in extreme cases such as where there is a serious or life threatening illness. You should consider consulting an immigration attorney with expertise in such matters to to determine what if any chance there is for Humanitarian Parole given your family's particular circumstances.
Another strategy might be for your wife to come to the US and immediately apply for asylum in her own right. If she is granted asylum, then she can file an I-730 for your child. This strategy is complicated and could do more harm than good depending again on the particular facts of your situation. Accordingly, before taking any action, I urge you to seek expert legal representation.
Another strategy might be for your wife to come to the US and immediately apply for asylum in her own right. If she is granted asylum, then she can file an I-730 for your child. This strategy is complicated and could do more harm than good depending again on the particular facts of your situation. Accordingly, before taking any action, I urge you to seek expert legal representation.
more...
rp0lol
03-30 08:40 PM
Congratulations!!!
vsuri
09-10 08:26 PM
I had no experience with a prior employer when my employer applied for PERM in January 2007.
Education: MS
PERM Category: EB2
Company Sector: Finance
Job Profile: Technology
PERM & I140 were approved by DoL & USCIS respectively without any RFEs. I485 pending since Aug 2007.
hello every1,
I was wondering how many of you are here who had applied their labor with MS + 0 years of experience for EB2 category..
Could you please shed some light on your profile and current standing in GC process ??
Thank youu....
Education: MS
PERM Category: EB2
Company Sector: Finance
Job Profile: Technology
PERM & I140 were approved by DoL & USCIS respectively without any RFEs. I485 pending since Aug 2007.
hello every1,
I was wondering how many of you are here who had applied their labor with MS + 0 years of experience for EB2 category..
Could you please shed some light on your profile and current standing in GC process ??
Thank youu....
more...
h1techSlave
10-01 11:02 AM
I just wanted to point out that a delayed FBI name check is useless any way.
If the purpose of the name check is to identify criminals, that process must be completed within a few hours. If the checking process takes more than 24 hours, than what is the use of the check?
Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.
I think the system was originally designed to check the names of people outside the country. In that case, a delay is not at all harmful.
If the purpose of the name check is to identify criminals, that process must be completed within a few hours. If the checking process takes more than 24 hours, than what is the use of the check?
Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.
I think the system was originally designed to check the names of people outside the country. In that case, a delay is not at all harmful.
needhelp!
10-09 01:41 PM
From our meet & greet last saturday:
GC Quiz:
Created For: Dallas Greet-Eat meet: 10/06/07 -- Immigration Voice
-----------------------------------------------------------------------------------------------------------------------------------------
What are the Pros and Cons of AOS and Consular Processing?
Explain the terms: Priority Date, I-140, 485, PERM, EB1, EB2, EB3, Country based quotas, Visa revalidation, EAD, Advanced Parole, Biometrics, Finger Printing.
You have not got your green card yet. What do you think what is preventing the system to give you the green card?
What is the importance of �Employment Letter� in AOS or consular filing stage?
What is AC21 law?
If CIR bill would have been passed and became the law what benefits (being an EB based applicant) you might have gained?
You are holding Masters Degree and had 8 years of experience before coming to USA and work for your first US based company then also your Green Card application was filed under EB3 category. Why?
What are RIR and regular processing for old Labor approval system?
Why Labor and are considered employer�s property and 485 Employee�s property?
What is the purpose of Labor approval process as a sub stage in Green Card Process?
Define the term Permanent Resident.
What would be your obligations as Permanent resident?
What is Visa Bulletin? And which agencies are involved in creating and publishing visa bulletin?
Explain different codes for Finger Printing process
You applied for your EB based 485 along with EAD and AP during July Fiasco. You have just received your EAD approval and Finger printing is also done. Your H1B Visa stamp in passport is expired. Your friend in Canada invites you to visit him for 29 days for a big celebration. Can you visit Canada? If no than explain us why and if yes than explain us which kind of immigration related documents you MUST keep with you while visiting.
Same question as above but for 31 days or longer visit.
What is the easiest way as a citizen of India for you to become permanent resident of USA? Choose only one. And explain your answer.
-Apply under family category
-Apply under employment based category
-Apply as Investor/entrepreneur (Start a business)
-Marry to a US citizen
�What is the best option: To work on H1B OR to work on EAD? And why?
�You applied for 485 in February 2007. You have received your approvals for EAD and AP by now but still you have chosen to work with your present employer on H1B Visa. You are getting a very good job offer which you do not want to loose. What strategy you would consider a best strategy so you get this new lucrative job and do not jeopardize your green card process.
�What historical part Immigration voice has played so far for streamlining EB based immigration?
�Which factors can jeopardize your Green Card in case of very long processing wait?
�You are a citizen of India. You came in USA on H1B visa in year 2000. Your employer filed your Green Card under EB3 � NON RIR category. Down the road your company filed the Green Card for your Pakistani colleague in year 2005 and in year 2006 November you came to know that your Pakistani colleague became permanent resident as his GC application approved. Upon hearing this news you get frustrated. What do you think why your Green card is not yet approved? What could be the reasons behind this long delay?
�What is the Maximum limit of Visa numbers applicable to Indian citizens under all EB categories?
�What is LIFE act? To which kind of Green Card applicants it can affect?
�Once you get Green Card. What will you do to retain it forever?
�What is Re-entry Permit?
�How long you can remain as permanent resident of USA?
GC Quiz:
Created For: Dallas Greet-Eat meet: 10/06/07 -- Immigration Voice
-----------------------------------------------------------------------------------------------------------------------------------------
What are the Pros and Cons of AOS and Consular Processing?
Explain the terms: Priority Date, I-140, 485, PERM, EB1, EB2, EB3, Country based quotas, Visa revalidation, EAD, Advanced Parole, Biometrics, Finger Printing.
You have not got your green card yet. What do you think what is preventing the system to give you the green card?
What is the importance of �Employment Letter� in AOS or consular filing stage?
What is AC21 law?
If CIR bill would have been passed and became the law what benefits (being an EB based applicant) you might have gained?
You are holding Masters Degree and had 8 years of experience before coming to USA and work for your first US based company then also your Green Card application was filed under EB3 category. Why?
What are RIR and regular processing for old Labor approval system?
Why Labor and are considered employer�s property and 485 Employee�s property?
What is the purpose of Labor approval process as a sub stage in Green Card Process?
Define the term Permanent Resident.
What would be your obligations as Permanent resident?
What is Visa Bulletin? And which agencies are involved in creating and publishing visa bulletin?
Explain different codes for Finger Printing process
You applied for your EB based 485 along with EAD and AP during July Fiasco. You have just received your EAD approval and Finger printing is also done. Your H1B Visa stamp in passport is expired. Your friend in Canada invites you to visit him for 29 days for a big celebration. Can you visit Canada? If no than explain us why and if yes than explain us which kind of immigration related documents you MUST keep with you while visiting.
Same question as above but for 31 days or longer visit.
What is the easiest way as a citizen of India for you to become permanent resident of USA? Choose only one. And explain your answer.
-Apply under family category
-Apply under employment based category
-Apply as Investor/entrepreneur (Start a business)
-Marry to a US citizen
�What is the best option: To work on H1B OR to work on EAD? And why?
�You applied for 485 in February 2007. You have received your approvals for EAD and AP by now but still you have chosen to work with your present employer on H1B Visa. You are getting a very good job offer which you do not want to loose. What strategy you would consider a best strategy so you get this new lucrative job and do not jeopardize your green card process.
�What historical part Immigration voice has played so far for streamlining EB based immigration?
�Which factors can jeopardize your Green Card in case of very long processing wait?
�You are a citizen of India. You came in USA on H1B visa in year 2000. Your employer filed your Green Card under EB3 � NON RIR category. Down the road your company filed the Green Card for your Pakistani colleague in year 2005 and in year 2006 November you came to know that your Pakistani colleague became permanent resident as his GC application approved. Upon hearing this news you get frustrated. What do you think why your Green card is not yet approved? What could be the reasons behind this long delay?
�What is the Maximum limit of Visa numbers applicable to Indian citizens under all EB categories?
�What is LIFE act? To which kind of Green Card applicants it can affect?
�Once you get Green Card. What will you do to retain it forever?
�What is Re-entry Permit?
�How long you can remain as permanent resident of USA?
more...
RandyK
12-24 11:46 AM
I have printed the banners (they will go up on all the Indian stores that I can find).
I have sent out an email to all my friends who are on work permits.
I have sent out an email to all my friends who are on work permits.
dvb123
02-13 01:08 PM
Kiss your green card dream goodbye
more...
shishya
09-01 08:21 PM
Folks,
I had filed my I-485 in Oct 2008 (EB2-I, PD of May 2006) and moved in March 2009. I changed my address online and have a confirmation number for it. However, I don't think I have received a confirmation in the mail from USCIS.
I am trying to find out how to confirm if USCIS has my current address correctly on file. I tried to call in today and was told there is no way for them to confirm that on phone. The lady I spoke with took the updated address again -- saying she will refile for change of address and gave me a service ID that I could apparently use to get an infopass appointment 45 days from now.
Is there anything else I should/could do? Appreciate any input.
Thanks.
I had filed my I-485 in Oct 2008 (EB2-I, PD of May 2006) and moved in March 2009. I changed my address online and have a confirmation number for it. However, I don't think I have received a confirmation in the mail from USCIS.
I am trying to find out how to confirm if USCIS has my current address correctly on file. I tried to call in today and was told there is no way for them to confirm that on phone. The lady I spoke with took the updated address again -- saying she will refile for change of address and gave me a service ID that I could apparently use to get an infopass appointment 45 days from now.
Is there anything else I should/could do? Appreciate any input.
Thanks.
diptam
09-14 02:20 PM
We are employee of employers - not chained slaves of employers.
They can pay me less , they can scare me of revoking 140 , they can make me sign fictitious bonds for getting future employment letter BUT they can not take away my basic civil rights as a human being. As long as you professionally inform that will be taking day off for personal reasons - they are NOT supposed to ask what is that reason. You can tell the later unofficially that you attending Rally for peacefully supporting a good cause.
Nothing will happen to you
Just follow your heart - Will se you in DC
They can pay me less , they can scare me of revoking 140 , they can make me sign fictitious bonds for getting future employment letter BUT they can not take away my basic civil rights as a human being. As long as you professionally inform that will be taking day off for personal reasons - they are NOT supposed to ask what is that reason. You can tell the later unofficially that you attending Rally for peacefully supporting a good cause.
Nothing will happen to you
Just follow your heart - Will se you in DC
lacrossegc
07-30 03:44 PM
Dude ,
to clarify: my question was after you submit all the forms 1485, EAD, AP et all.... when does USCIS send out FP notices .... given the huge volume even receipts will take longer
Within 4-10 days, after the USCIS sent the FP notice. :mad:
to clarify: my question was after you submit all the forms 1485, EAD, AP et all.... when does USCIS send out FP notices .... given the huge volume even receipts will take longer
Within 4-10 days, after the USCIS sent the FP notice. :mad:
EB3_SEP04
09-05 08:13 PM
Congratulation to all EB2 who are getting their approvals. Have a wonderful post-GC life :)
When will, we EB3s (India), see some light at the end of the tunnel.
Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:
I personally love and am proficient in Hindi but I don't think we should make this site look like a Desi forum. Even if your post about India, a lot south/east indian people don't speak/understand hindi.
When will, we EB3s (India), see some light at the end of the tunnel.
Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:
I personally love and am proficient in Hindi but I don't think we should make this site look like a Desi forum. Even if your post about India, a lot south/east indian people don't speak/understand hindi.
black_logs
05-25 10:26 PM
Guys,
So finally we're out of Senate with a thundorous victory. We have almost all our provisions in place. I want to thank QGA , The Senators & Staffers of several Senators who helped us sailing thru this 'like a charm'.
Thanks
So finally we're out of Senate with a thundorous victory. We have almost all our provisions in place. I want to thank QGA , The Senators & Staffers of several Senators who helped us sailing thru this 'like a charm'.
Thanks
