Folks,
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
You guys deserve it after waiting for so long. The only way to check if the case has been adjudicated or not is to keep checking the LUDS, if it changes see what the status says. After being patient for so many years, if you are feeling a little impatient now call USCIS and check the status.
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
You guys deserve it after waiting for so long. The only way to check if the case has been adjudicated or not is to keep checking the LUDS, if it changes see what the status says. After being patient for so many years, if you are feeling a little impatient now call USCIS and check the status.
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Sorry for delay in responding.
The H4 for my wife was part yearly extension and I think its 7th year extension for which she went for stamping.
My wife has not got the passport back, she calls the Delhi Consulate every other day and they reply its still in admin processing. There is nothing that can be done, just wait wait and wait. My wife tried so much asking Consulate and the VFS agents of what dates of the interview the passports are being returned and they won't tell her, how lame of them!
I called up the National Customer service center and asked for using AP and below is what I was told, not only by them but also by lawyers.
AP has to be filed in before a person leaves the country and if they approval comes when the AP has been approved, that approved AP can be mailed to the applicant out of the country and he/she can use it to enter US.
The H4 for my wife was part yearly extension and I think its 7th year extension for which she went for stamping.
My wife has not got the passport back, she calls the Delhi Consulate every other day and they reply its still in admin processing. There is nothing that can be done, just wait wait and wait. My wife tried so much asking Consulate and the VFS agents of what dates of the interview the passports are being returned and they won't tell her, how lame of them!
I called up the National Customer service center and asked for using AP and below is what I was told, not only by them but also by lawyers.
AP has to be filed in before a person leaves the country and if they approval comes when the AP has been approved, that approved AP can be mailed to the applicant out of the country and he/she can use it to enter US.
Just tried, got connected after trying for 4/5 times. Automated response system sucks, its in different languages, but after pressing 1 (for English) still could not get the further menu.
Finally when the call got through the voice quality totally sucked. It is like how it used to be in 1990s with delay and static. Won't use again.
Finally when the call got through the voice quality totally sucked. It is like how it used to be in 1990s with delay and static. Won't use again.
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Doesnt matter if the I-94 is only till the visa expiry. There is another I-94 at the bottom of the approved I-797 that ends on the extended 797 date.
-a
Once you get the I-94 at POE, the I-94 which comes with the I-797 become invalid. Always the latest I-94 counts.
-a
Once you get the I-94 at POE, the I-94 which comes with the I-797 become invalid. Always the latest I-94 counts.
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This is a great move strategically to make members part of IV. With this, there is no need for IV to constantly campaingn for funds with regular active members. IV's energy towards campaign could be targeted towards the new members and other non monthly contributors.
I appreciate all the members who have volunteered to contribute on monthly basis. It is just a matter of spending on one lunch / one bar outing or for a movie.
Still let us keep a open thread for every month to make sure the fire on monthly contribution keeps burning. We dont want it to subside until we reach our goal.
I appreciate all the members who have volunteered to contribute on monthly basis. It is just a matter of spending on one lunch / one bar outing or for a movie.
Still let us keep a open thread for every month to make sure the fire on monthly contribution keeps burning. We dont want it to subside until we reach our goal.
An alternative treatment would be to dual process (I am assuming it is a raw file). The one above looks about right for the sky area. Another conversion with + exposure compensation for the shadows and blend the two in your editing software.
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Quick question... Do you know why your H1 extension was rejected(denied). If the reason is client letter, why and how do you think it will be approved with a new company when they will have to get the same letter from the same client. How different will be your situation.
If the reason is not for client letter, then ignore the above question.
Hi,
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
If the reason is not for client letter, then ignore the above question.
Hi,
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
Practice what you preach.
BTW myself and majority of members on this forum hasn't replaced any American worker.
Yeah, right :D! BTW your long hopeless wait for gc has driven you crazy :D
BTW myself and majority of members on this forum hasn't replaced any American worker.
Yeah, right :D! BTW your long hopeless wait for gc has driven you crazy :D
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I am not sure how useful doing an MBA from an Indian school would be if one is planning to get back to the U.S. (or the western world in general) I did mine from IIM Ahmedabad, and find it pretty much worthless here.
any idea on an INSEAD's MBA value when returning to the US to work? I know it holds in good stand in Europe and Asia...
any idea on an INSEAD's MBA value when returning to the US to work? I know it holds in good stand in Europe and Asia...
San Jose. Courteous, but curt.
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That brings up a good point, why do you think all the PDs are moving except India?
Is there really that many applicants from India than China
The problem is even CIS layed off many people since 2004 and now are left with few people to work on. The left out people are not "like Indians in USA" kind of people.
And further more they cannot offshore processing to India as well. So what do they do......hmm lets retrogress Indians. Its working for them.
Is there really that many applicants from India than China
The problem is even CIS layed off many people since 2004 and now are left with few people to work on. The left out people are not "like Indians in USA" kind of people.
And further more they cannot offshore processing to India as well. So what do they do......hmm lets retrogress Indians. Its working for them.
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@fromnaija:
Based on the regulation issued by the U.S. Department of Labor (DOL) that became effective July 16, 2007, a labor certification approved will expire after 180 days, unless an I-140 petition has been filed in the case.
The new rule provides a 180day validity period for approved labor certifications. All permanent labor certifications approved on or after the effective date of July 16, 2007, will expire 180 calendar days after certification, whether the original application was filed under the PERM or prePERM regulations, unless the employer uses the approved labor certification prior to expiration in support of an I140 petition with USCIS. Likewise, all labor certifications approved prior to July 16, 2007 will expire in 180 calendar days, unless filed in support of an I140 petition with USCIS prior to the expiration date. Therefore, all currently approved labor certification applications must be filed in support of an I140 petition by January 11, 2008.
If the above explaination is correct, I should be able to use the same labor.
@fromnaija:
Based on the regulation issued by the U.S. Department of Labor (DOL) that became effective July 16, 2007, a labor certification approved will expire after 180 days, unless an I-140 petition has been filed in the case.
The new rule provides a 180day validity period for approved labor certifications. All permanent labor certifications approved on or after the effective date of July 16, 2007, will expire 180 calendar days after certification, whether the original application was filed under the PERM or prePERM regulations, unless the employer uses the approved labor certification prior to expiration in support of an I140 petition with USCIS. Likewise, all labor certifications approved prior to July 16, 2007 will expire in 180 calendar days, unless filed in support of an I140 petition with USCIS prior to the expiration date. Therefore, all currently approved labor certification applications must be filed in support of an I140 petition by January 11, 2008.
If the above explaination is correct, I should be able to use the same labor.
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The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
Dear experts.. Need your advise..
I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries
1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )
2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?
3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?
Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?
5) If I come to US on L1, is it possible to change status to H1?
Any help will be greatly appreciated.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
Dear experts.. Need your advise..
I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries
1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )
2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?
3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?
Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?
5) If I come to US on L1, is it possible to change status to H1?
Any help will be greatly appreciated.
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It is mostly be cause they wanted to teach a lesson to DOS for opening the floodgates. Also, backlogs are one key performance indicator for USCIS and is reported to congress. If 100k, plus people apply right away and another 300k in next couple of months, it would look bad on their records.
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I saw some information somewhere, but don't have the link right away to post here.
But here is the crux of it.
Basically the guy said that : assuming that the wife is working on EAD, and the moment she gets an H4 extension approval, she automatically comes on H4 status, but the very next day if she goes back to work on EAD, the H4 status gets invalidated and person comes on AOS status instantly.
Now should she force the company to update the I-9 on that date, is the question.
The bottom line I think is : there is nothing called as a STATUS field in any USCIS or DOS computer system. Its what you do that determines your status. I believe USCIS allows dual intent.
Does anyone think that I am wrong?
But here is the crux of it.
Basically the guy said that : assuming that the wife is working on EAD, and the moment she gets an H4 extension approval, she automatically comes on H4 status, but the very next day if she goes back to work on EAD, the H4 status gets invalidated and person comes on AOS status instantly.
Now should she force the company to update the I-9 on that date, is the question.
The bottom line I think is : there is nothing called as a STATUS field in any USCIS or DOS computer system. Its what you do that determines your status. I believe USCIS allows dual intent.
Does anyone think that I am wrong?
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I had received the same story in email about 7 years back.
This looks like a hoax to me. Could you quote a credible news story or a link on a enforcement site where there is any advisory?
This looks like a hoax to me. Could you quote a credible news story or a link on a enforcement site where there is any advisory?
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Couldn't resist opening a new thread and sharing this with fellow IVians.
We got our green cards today. It is actually green (in the back).
Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.
Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.
Hearty Congratulations..and please continue to support IV
We got our green cards today. It is actually green (in the back).
Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.
Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.
Hearty Congratulations..and please continue to support IV
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I recieved reply from consulate stating that I need to get PCC from US consulate as I have not being living in India for a long time therefore there is no use of getting PCC from local police station. Now anybody let me know if I fly to SFO they would give my PCC with in a day or would take time ??/
Can someone with a EAD be in US without a job (say for 1-2 months). Would he be out of status. Will he have any problemsin renewing ead?
^^^^^^^^^^^^
