So does that mean that if one's I-485 is rejected (Has no luck with MTR either) -
Then he cannot continue after his current H1-B expires (After 0 to 3 years)?
Going back to his home country is the only option?
Then he cannot continue after his current H1-B expires (After 0 to 3 years)?
Going back to his home country is the only option?
wallpaper Prince Harry
Hi,
The H4 was automatically cancelled when you got your H1. This is 100% confirmed data.
How did you enter US? if you entered showing H4 visa, that would be an unlawful entry. H4 cannot be valid after h1 was approved as a change of status. Your status changed from H4 to H1, so you couldn't enter US through H4 anymore.
I don't know how did you enter, but consult an attorney immediately.
Don't worry. Charges can be dropped also. Consult an attorney.
Thanks for your replies.
No, They did not cancel H4 when I went for H1 stamping.
I want to see if there is any way that the H1 can be withdrawn pending determination from USCIS?
The H4 was automatically cancelled when you got your H1. This is 100% confirmed data.
How did you enter US? if you entered showing H4 visa, that would be an unlawful entry. H4 cannot be valid after h1 was approved as a change of status. Your status changed from H4 to H1, so you couldn't enter US through H4 anymore.
I don't know how did you enter, but consult an attorney immediately.
Don't worry. Charges can be dropped also. Consult an attorney.
Thanks for your replies.
No, They did not cancel H4 when I went for H1 stamping.
I want to see if there is any way that the H1 can be withdrawn pending determination from USCIS?
Thanks man!
Did you stay in nearby hotel to consulate? If yes please share name.
No I stayed with a relative in thane who dropped me to vfs in Mumbai. I did not want to trouble them, but my backup plan was to check into a hotel the earlier night. A search on google "us consulate mumbai hotel" does reveal the hotels in Mumbai. It does appear that there is no hotel in the area, most are 4-5 kms away so u do have to take a taxi too.
Did you stay in nearby hotel to consulate? If yes please share name.
No I stayed with a relative in thane who dropped me to vfs in Mumbai. I did not want to trouble them, but my backup plan was to check into a hotel the earlier night. A search on google "us consulate mumbai hotel" does reveal the hotels in Mumbai. It does appear that there is no hotel in the area, most are 4-5 kms away so u do have to take a taxi too.
2011 Prince Harry is hot as hell.
Guys,
Thanks a lot for the response.
I was finally able to get a doctors appointment on July 24th.
Now comes the tricky part:
Is the varicella vaccine required ? I have not had chicken pox as a child. The blood work showed that I need a chicken pox vaccine.
I went to the county health department today , and they gave me shots for tetanus, MMR, PPD, and one shot for varicella. They said that I have to come back in 30 days for another shot of varicella.
I am not sure what my doctor will say to this when I meet him on July 24th. Also, is it possible for the doctor to provide an I-693 with a statement that the varicella shot will be completed later ?
Thanks a lot for the response.
I was finally able to get a doctors appointment on July 24th.
Now comes the tricky part:
Is the varicella vaccine required ? I have not had chicken pox as a child. The blood work showed that I need a chicken pox vaccine.
I went to the county health department today , and they gave me shots for tetanus, MMR, PPD, and one shot for varicella. They said that I have to come back in 30 days for another shot of varicella.
I am not sure what my doctor will say to this when I meet him on July 24th. Also, is it possible for the doctor to provide an I-693 with a statement that the varicella shot will be completed later ?
Just a warning. The one and only time I filed an ammended return, I was audited. Therefore, I am assuming that ammending a return could cause greater scrutiny by the IRS. Even though my audit went fine, it is a PITA.
Caliguy,
It is interesting......why does congressman/senatorial inquiry works for some and not for some. What can we do differently. I sent out a "Thanks...but no thanks" email back to Congressman's office.
I mentioned that I expected that a congressman's inquiry will at least make TSC to look into the case and do a due diligence but not throw the same reply that they'd to individual inquiry.
There is a saying in Hindi...
"Jab kismat hi hai gandu to kya karega pandu"
Hang in there..........
SoP
It is interesting......why does congressman/senatorial inquiry works for some and not for some. What can we do differently. I sent out a "Thanks...but no thanks" email back to Congressman's office.
I mentioned that I expected that a congressman's inquiry will at least make TSC to look into the case and do a due diligence but not throw the same reply that they'd to individual inquiry.
There is a saying in Hindi...
"Jab kismat hi hai gandu to kya karega pandu"
Hang in there..........
SoP
I was just thinking if it would help to gain more publicity if this site goes by a different name. On several instances while calling lawmakers or other people, the moment I mention immigrationvoice.org they think it is related to Illegal immigration / CIR etc. I need to stress that it is about legal immigration.
Even the flyers don't catch enough attention
Any name that does not have immigration in it (something like numbersusa), and reflects our main focus - green card retrogression and legal immigration would help - Just a thought...
The name says exactly what we are doing. I think it is right the way it is.
Even the flyers don't catch enough attention
Any name that does not have immigration in it (something like numbersusa), and reflects our main focus - green card retrogression and legal immigration would help - Just a thought...
The name says exactly what we are doing. I think it is right the way it is.
2010 Who Knew Prince Harry Was Such
We all know this EB3-EB2 game is total non-sense and unjust.
So many extra-ordinary people who could/should have been in EB2 are in EB3 simply because : corporate lawyer filed in wrong category, they did not want to work for a desi employer who would file in EB2 in exchange for a lot of things, they did not want to buy an approved labor and create fake experience certs/affidavits, or for various other family/job realated reasons which have nothing to do with his/her education/skills/experience.
At the same time, a lot of street smart people got their EB2 labor/I140 approved while they worked at gas stations.
In my opinion all IT professionals, MBA's, Lawyers, Doctors and all other BE/Btech/ME/MTech engg. should be in SAME category (EB2 or EB3). The only people who should be in a preferred category are the scientists who are actually working as research scientists for a govt or non-profit organization (not just anyone who bought a PhD from Dhanabad University for Rs 15000).
If there must be EB2 vs. EB3 then it should be based on a well-defined, measurable and well followed criteria, for example a aptitude/IQ test, interview/GD, there are many other ways to cover all types of talents.
So many extra-ordinary people who could/should have been in EB2 are in EB3 simply because : corporate lawyer filed in wrong category, they did not want to work for a desi employer who would file in EB2 in exchange for a lot of things, they did not want to buy an approved labor and create fake experience certs/affidavits, or for various other family/job realated reasons which have nothing to do with his/her education/skills/experience.
At the same time, a lot of street smart people got their EB2 labor/I140 approved while they worked at gas stations.
In my opinion all IT professionals, MBA's, Lawyers, Doctors and all other BE/Btech/ME/MTech engg. should be in SAME category (EB2 or EB3). The only people who should be in a preferred category are the scientists who are actually working as research scientists for a govt or non-profit organization (not just anyone who bought a PhD from Dhanabad University for Rs 15000).
If there must be EB2 vs. EB3 then it should be based on a well-defined, measurable and well followed criteria, for example a aptitude/IQ test, interview/GD, there are many other ways to cover all types of talents.
I have a similar question. I have I-94 till Jan 2008 as my H1B visa is valid till Jan 2008. If I file an H1B extension in Dec, is that okay ? I know, approval would not come before Jan 08.
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Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
Karthik,
(I am not expert) but I believe , you have to refile (New application) under EB2 catagory and port the EB3 date to EB2.
GCCovet
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
Karthik,
(I am not expert) but I believe , you have to refile (New application) under EB2 catagory and port the EB3 date to EB2.
GCCovet
Accepting I-485 without PD current also needs legislation...if you don't know about that already !
Can you please post the source for this information?
Can you please post the source for this information?
hot Prince Harry takes Chelsy Davy
I am in 9th year extension with priority date 09/2002.
My I-140 denied on 06/18/08n and immediately I485 also denied.:mad:
I have Visa vailid till Jan09.
1.If I change employer and able to get labor cleared before jan09 , can I apply for I140 PP and get H1B exension.
2.Is the Priority date transferrable if I change the employer?
Why was your I140 denied after it was approved? Provide more details
What did your denial letter for I140 and I485 say?
My I-140 denied on 06/18/08n and immediately I485 also denied.:mad:
I have Visa vailid till Jan09.
1.If I change employer and able to get labor cleared before jan09 , can I apply for I140 PP and get H1B exension.
2.Is the Priority date transferrable if I change the employer?
Why was your I140 denied after it was approved? Provide more details
What did your denial letter for I140 and I485 say?
house amp;#8230;took Prince Harry to
I think it will effect cases that are not adjudicated also. However u better check with ur lawyer.
tattoo Prince Harry cartoon 5
Gene77, Thx for sharing this info. Now I remeber that I have previosly seen this info in one of the IV posts. In any case, I will have it run through my attorney and see, what they say. I will keep you updated.
pictures Prince William amp; Prince Harry: Booze Brothers. 5:27. The song is quot;Drunk as
In our case, the primary applicant has received FP but the dependent has not yet received, has this happened to anyone?
I called Customer Service and now they ask that we wait 180 days from the time the case is transferred to NSC before enquiring about it !
I called Customer Service and now they ask that we wait 180 days from the time the case is transferred to NSC before enquiring about it !
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Done! Go IV!
makeup William and Prince Harry
Obviously, next week ! Why should this not a no-brainer... beyond me !
In all circumstances coming Mon. or Tue.
Do you guys have any idea about when the August 2010 visa bulletin will be ?
In all circumstances coming Mon. or Tue.
Do you guys have any idea about when the August 2010 visa bulletin will be ?
girlfriend On tap this week: Prince Harry
You are incorrect. I suggest, you talk to attorney.
It also depends on the state where contract/agreement was executed.
____________________
Not a legal advice.
It appears that most of the one sided agreements mentioned above are not legal. For eg if in ur offer letter u have 2 weeks of notice period from your side and company says they can termniate you without any notice period then its not legal.
I think only 2 side agreements are legal and all other agreements even if you sign are not legal.
(pls confirm with ur lawyer ...)
It also depends on the state where contract/agreement was executed.
____________________
Not a legal advice.
It appears that most of the one sided agreements mentioned above are not legal. For eg if in ur offer letter u have 2 weeks of notice period from your side and company says they can termniate you without any notice period then its not legal.
I think only 2 side agreements are legal and all other agreements even if you sign are not legal.
(pls confirm with ur lawyer ...)
hairstyles Prince Harry
Haha. That is an accurate assessment at a 50-foot level. I was pretty disillusioned after a couple of years of working. A mixture of what the fuck am I doing, but not really knowing what to do, and all confused because I was at probably the biggest firm around and and a feeling of even if I switch, what's the point? And not having the balls to switch jobs, for the fear of throwing away what I had, mixed with personal struggles with life and not having the social life that I wanted.
In between all this, the desire to get the GC process kicked off came and went, esp. since I wanted to switch positions to a more people oriented role, and the feeling of gosh, do I want to stay in 6+ years in this job - maybe if I file, then I won't want to change jobs.
As you can see, even I am not sure what was going on there. But my personal life and acclimatizing has sorted itself out rather well of late, and I do want to stay here now that I have a really interesting life (and partly out of fear of throwing everything away and moving somewhere new).
Now, I know that IV is not a self-help trauma group, so I will cut short my story here, which has little to do with the raw facts of my immigration situation :)
And yes, I did not participate or know much about the visa process, or IV till recently, and am a recent need based participant, but I hope that does not stop anyone from contributing their ideas to help me out.
*** Also, to the previous poster (nojoke) who said that big companies usually hold off on perms, are you suggesting that I have a better chance at a smaller company then?
UPDATE: My company attorney suggested talking about this in April, and I am nervous about waiting till then in limbo - things are only going bad to worse, I might as well find a job at a place which will sponsor a PERM sooner rather than later.
I request you to PM me if you have any leads for such companies might still be a good bet for filing a PERM.
uhh..damn immigration process..
Yes, you may be better of in a smaller private owned companies that will do perm and are in a strong position. This downturn will get worse...Even if you want to wait and see what your attorney has to say in April, you can try to look for other jobs and be ready with options..
In between all this, the desire to get the GC process kicked off came and went, esp. since I wanted to switch positions to a more people oriented role, and the feeling of gosh, do I want to stay in 6+ years in this job - maybe if I file, then I won't want to change jobs.
As you can see, even I am not sure what was going on there. But my personal life and acclimatizing has sorted itself out rather well of late, and I do want to stay here now that I have a really interesting life (and partly out of fear of throwing everything away and moving somewhere new).
Now, I know that IV is not a self-help trauma group, so I will cut short my story here, which has little to do with the raw facts of my immigration situation :)
And yes, I did not participate or know much about the visa process, or IV till recently, and am a recent need based participant, but I hope that does not stop anyone from contributing their ideas to help me out.
*** Also, to the previous poster (nojoke) who said that big companies usually hold off on perms, are you suggesting that I have a better chance at a smaller company then?
UPDATE: My company attorney suggested talking about this in April, and I am nervous about waiting till then in limbo - things are only going bad to worse, I might as well find a job at a place which will sponsor a PERM sooner rather than later.
I request you to PM me if you have any leads for such companies might still be a good bet for filing a PERM.
uhh..damn immigration process..
Yes, you may be better of in a smaller private owned companies that will do perm and are in a strong position. This downturn will get worse...Even if you want to wait and see what your attorney has to say in April, you can try to look for other jobs and be ready with options..
I understood that if your employer revokes I-140 you have to start the process all over again with a new emplyer, even with AC21. i thought only if the employer does not revoke can you keep your PD and continue from I-485 stage with the new employer. someone, please confirm if this is wrong/correct
I think answer is - Wrong.
My understanding (after reading a lot on multiple sites; I am not a lawyer) is that once you file I140 and I485 and six months are passed you can use AC21 provisions and continue the same I485 application if the new positions is same/similar even if old I140 is revoked. There are multiple scenarios here each having different levels of risks/issues (again as per my understanding):
(i) You filed I140 and I485 (concurrent or separate). I140 is approved. I485 is pending for six months. You got a job with another employer with same/similar function (i.e. same SOC code; and salary is not radically different; similar title). This is the straight forward case. You can change the job � send a letter to UCSIS in a proper format informing them of your job change and new address if any. No need to start the process from scratch at new place even if old employer revokes your I140 your 485 should be approved when priority dates are current.
(ii) You filed I140 and I485 (concurrent or separate). I140 is NOT approved. I485 is pending for six months. This is a bit complicated case but heard still possible if the old employer does not revoke the I140; but if its revoked then back to square one at new employer. It might be possible to keep the priority date if relevant docs are collected (see next).
(iii) I140 is approved, you havnt yet applied for 485. If you change jobs you �might� be able to keep the priority date (if you can get documents). I am not sure if we can keep priority dates if I140 is revoked in this case.
Please comment if my understanding is correct.
Also on a related subject what happens to H1b extension if underlying I140 is revoked? My case is like this: am in 6th year of H1B; applying for I140. Once its approved, planning to apply for 3year extension. After that change employers with new 3year H1B (I know the process has to start fresh at the new place). What happens to my H1B if the old employer revokes the I140. Does this mean my extended h1b is invalid or I can continue without any issues? Anyone in similar situation?
I think answer is - Wrong.
My understanding (after reading a lot on multiple sites; I am not a lawyer) is that once you file I140 and I485 and six months are passed you can use AC21 provisions and continue the same I485 application if the new positions is same/similar even if old I140 is revoked. There are multiple scenarios here each having different levels of risks/issues (again as per my understanding):
(i) You filed I140 and I485 (concurrent or separate). I140 is approved. I485 is pending for six months. You got a job with another employer with same/similar function (i.e. same SOC code; and salary is not radically different; similar title). This is the straight forward case. You can change the job � send a letter to UCSIS in a proper format informing them of your job change and new address if any. No need to start the process from scratch at new place even if old employer revokes your I140 your 485 should be approved when priority dates are current.
(ii) You filed I140 and I485 (concurrent or separate). I140 is NOT approved. I485 is pending for six months. This is a bit complicated case but heard still possible if the old employer does not revoke the I140; but if its revoked then back to square one at new employer. It might be possible to keep the priority date if relevant docs are collected (see next).
(iii) I140 is approved, you havnt yet applied for 485. If you change jobs you �might� be able to keep the priority date (if you can get documents). I am not sure if we can keep priority dates if I140 is revoked in this case.
Please comment if my understanding is correct.
Also on a related subject what happens to H1b extension if underlying I140 is revoked? My case is like this: am in 6th year of H1B; applying for I140. Once its approved, planning to apply for 3year extension. After that change employers with new 3year H1B (I know the process has to start fresh at the new place). What happens to my H1B if the old employer revokes the I140. Does this mean my extended h1b is invalid or I can continue without any issues? Anyone in similar situation?
No one mentioned the Pentax *istD?
