BharatPremi
04-16 04:34 PM
What is an "MTR"?
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answers_seeker
09-07 09:49 AM
What do u think big companies who cannot sponsor L1 ( have to be with the firm for atleast an year ) do in situations like this.
They sponsor H1 and send them to work here on shorter / longer durations.
So in your case, though you are technically working for ABC, Canada you are still working for ABC per se. This means your visits to the US on your valid H1b will have to be on your company's business.
The catch here is that..at the end of your gc process road, you should be employed by ABC in US. So plan on coming back by that time..
They sponsor H1 and send them to work here on shorter / longer durations.
So in your case, though you are technically working for ABC, Canada you are still working for ABC per se. This means your visits to the US on your valid H1b will have to be on your company's business.
The catch here is that..at the end of your gc process road, you should be employed by ABC in US. So plan on coming back by that time..
gc_bulgaria
10-09 04:18 PM
http://www.immigration-law.com/
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer’s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physical location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensue. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer’s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physical location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensue. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
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rani77
02-02 09:25 AM
Its been over 3 weeks since my wife have H4 interview and the passport is still under "admin processing". This week her AP came and I have mailed it to her and now we want to get the passport back and travel on AP.
Now if anyone knows or done the process of getting the passport back from Delhi Consulate, can they please explain?
Thx
She cant use her AP to reenter as her AP was approved when she was out of the country. So no use getting the passport back , the processof getting her passport back is wiritng to them that you are withdrawing your visa application but i would suggest not to do that as in your case AP would not her help for re enry.
Now if anyone knows or done the process of getting the passport back from Delhi Consulate, can they please explain?
Thx
She cant use her AP to reenter as her AP was approved when she was out of the country. So no use getting the passport back , the processof getting her passport back is wiritng to them that you are withdrawing your visa application but i would suggest not to do that as in your case AP would not her help for re enry.
more...
bheemi
07-31 05:41 PM
Unless you use AP to travel outside, you can work on EAD and status of H4 is not going to be affected..So dont fear, just pose the question to lawyer in immigration-law.com. Or else you can search in the advanced q/a in that website u may find answer..
desi3933
06-18 04:30 PM
Under Part 3.
What should one put for
1. Nonimmigrant Visa number
2. Date Visa Issued
3. Consulate Where Visa was Issued.
I'm currently on a valid H1 extension with a valid I-94. The visa on passport has expired and I had got an extension within US. Anybody any ideas????
Mr. EndlessWait -
You extended your status, not visa. Please get your basics correct.
1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1
Good Luck
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
What should one put for
1. Nonimmigrant Visa number
2. Date Visa Issued
3. Consulate Where Visa was Issued.
I'm currently on a valid H1 extension with a valid I-94. The visa on passport has expired and I had got an extension within US. Anybody any ideas????
Mr. EndlessWait -
You extended your status, not visa. Please get your basics correct.
1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1
Good Luck
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
more...
xbohdpukc
03-05 08:53 PM
Fine by me if they do offer some SLA. That's always been missing. Thats what I exactly pointed out in my comment. If they were to return my money back if they do not meet their SLA, no one will have issues. or just have PP for almost everything and give equal importance to people who either value time or money.
The truth is that the intent of the Congress was for the fees to cover USCIS business expenses. If USCIS is able to show the Congress that their expenses at the current level are not covered in full by the current fees, new fees will be justified even without improved service quality according to the law. The problem is that the public doesn't know how much of USCIS expenses are going uncovered by the current fees structure. Had they disclosed that piece of information we probably wouldn't have had this discussion in the first place.
The truth is that the intent of the Congress was for the fees to cover USCIS business expenses. If USCIS is able to show the Congress that their expenses at the current level are not covered in full by the current fees, new fees will be justified even without improved service quality according to the law. The problem is that the public doesn't know how much of USCIS expenses are going uncovered by the current fees structure. Had they disclosed that piece of information we probably wouldn't have had this discussion in the first place.
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Bytes4Lunch
03-11 11:46 AM
Please go through the following thread. This is recent:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=1571077951
Please note ravel's experience with consulate in regards to travel on AP in case H1b visa is pending. This is coming straight from VO at the consulate.
Most attorneys are of the view that one can use the AP to travel back in to the US even though his/her H1B visa stamping is delayed/denied
Read Attorney Sheela Murthy's take on this at http://murthy.com/Chatdb.asp?Search=advance%20parole&Type=h1b&page=3 (I have pasted it below from the website)
Question: Hello, Sheelaji. If one had both an H1B and advance parole at the consulate abroad and the H1B visa gets rejected, can one enter the U.S. on advance parole? Thank you.
Answer: Yes, a person is allowed to enter on the AP unless the H1B denial was based on fraud or a security concern. In most cases, there is no problem, and the consulate returns the PP to the person who can then enter on the AP even if the H1B visa stamp is denied or delayed. Jul-19-2004.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=1571077951
Please note ravel's experience with consulate in regards to travel on AP in case H1b visa is pending. This is coming straight from VO at the consulate.
Most attorneys are of the view that one can use the AP to travel back in to the US even though his/her H1B visa stamping is delayed/denied
Read Attorney Sheela Murthy's take on this at http://murthy.com/Chatdb.asp?Search=advance%20parole&Type=h1b&page=3 (I have pasted it below from the website)
Question: Hello, Sheelaji. If one had both an H1B and advance parole at the consulate abroad and the H1B visa gets rejected, can one enter the U.S. on advance parole? Thank you.
Answer: Yes, a person is allowed to enter on the AP unless the H1B denial was based on fraud or a security concern. In most cases, there is no problem, and the consulate returns the PP to the person who can then enter on the AP even if the H1B visa stamp is denied or delayed. Jul-19-2004.
more...
ilikekilo
04-12 06:48 PM
Thanks, Even I am thinking the same but just worried, would I also get the copy of RFE??
If you have an attorney represnted and you ahve signed a G325, you will not get the RFE your lawyer rather would get it...
If you have an attorney represnted and you ahve signed a G325, you will not get the RFE your lawyer rather would get it...
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raysaikat
10-10 05:58 PM
Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!
There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.
At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.
You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.
There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.
At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.
You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.
more...
pcs
04-17 12:54 PM
Do it yourself & do not depend on your lawyer. Call them. I filed in Aug'05 & got it in 45 days. I used to call their IT guy in DC office & he was very prompt in fixing issues ( which could be IT related)
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nandakumar
03-06 01:22 PM
Pls confirm email id - info@immigrationvoice.org for FOIA letter?
more...
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javadeveloper
07-26 04:51 PM
If I am not wrong your EAD/AP will not be processed until after your I140 is approved.Maybe some one comment on this
You can get EAD even if your I-140 is pending.Correct me if I am wrong.
You can get EAD even if your I-140 is pending.Correct me if I am wrong.
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gcisadawg
04-07 02:18 PM
Folks,
My mother-in-law applied for a B2 Visa and she was granted a 10 year/Multiple entry visa. At the POE, IO gave a 6months stay on her I-94 form. So far so good!
We wanted to extend her B2 for another two months so that we can go around a bit during Summer months. We applied for an extension ( I-539 Application to extend Non-immigration status) and we received an acknowledgement from VSC.
The question is, VSC is processing I-539 for August 07 and I dont think we would be getting her approval before her I-94 expires at the end of this month.
Some folks might have gone thru this situation before. Based on your experiences, can you pls. let me know what are the possible options here?
Rgds,
gcisadawg
My mother-in-law applied for a B2 Visa and she was granted a 10 year/Multiple entry visa. At the POE, IO gave a 6months stay on her I-94 form. So far so good!
We wanted to extend her B2 for another two months so that we can go around a bit during Summer months. We applied for an extension ( I-539 Application to extend Non-immigration status) and we received an acknowledgement from VSC.
The question is, VSC is processing I-539 for August 07 and I dont think we would be getting her approval before her I-94 expires at the end of this month.
Some folks might have gone thru this situation before. Based on your experiences, can you pls. let me know what are the possible options here?
Rgds,
gcisadawg
more...
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kumar07
09-12 12:05 PM
Hi Friends,
Here is my Situation;
me and my wife,both residents of singapore, have h1b approved this year through the same consultancy firm and the company has already received the approval notice. We are planning to appear for visa interview sometime end of this month with Singapore Embassy and the company is going to send all the documents by next week.
Since we both are going for visa interview, I have few concerns regarding our cases:
1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?
2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?
3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?
4 My h1b was denied last year because of company project document issue with same singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.
I would appreciate if anyone could help me to find any of the answers.
Thanks.
Here is my Situation;
me and my wife,both residents of singapore, have h1b approved this year through the same consultancy firm and the company has already received the approval notice. We are planning to appear for visa interview sometime end of this month with Singapore Embassy and the company is going to send all the documents by next week.
Since we both are going for visa interview, I have few concerns regarding our cases:
1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?
2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?
3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?
4 My h1b was denied last year because of company project document issue with same singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.
I would appreciate if anyone could help me to find any of the answers.
Thanks.
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fide_champ
03-14 02:10 PM
hello,
My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.
If you have a valid US/Canada visa stamp, then you do not need a transit visa for Germany.
My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.
If you have a valid US/Canada visa stamp, then you do not need a transit visa for Germany.
more...
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smisachu
12-24 11:50 AM
Same situation here. I know about renewing H1 with same company is OK but as you have asked with a different company is a big ?. Hope some one answers.....I have appointment in Kolkota but not sure if I should cancel the appointment or go...
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
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cagcwait
02-21 05:00 PM
Info posted by BerkeleyBee in a different thread. This should be in the Resources section..
************************************************** ********
BerkeleyBee's post in CA - Meet the Lawmakers thread
Meeting with Dianne Feinstein's staff
--------------------------------------------------------------------------------
Feb 15, 2006
Today, four members of IV met with 3 staffers from Dianne Feinstein�s office in San Francisco.
Two constituent services representatives, who deal with immigration problems on a daily basis (helping people with labor cert, I-140, I-485, security check etc problems) and one assistant field representative who interfaces with the Senator�s staff in DC on a whole host of issues.
We spent 1.5 hours with them. We went through our presentation, answering questions and giving examples all the way. Then we spent some time talking about how they could help us, suggestions about what IV should do, and how we could work with them. All in all it was an excellent meeting � they were riveted through out � asked lots of questions and were very supportive.
TAKEAWAYS
1.Getting the Word Out to Lawmakers
� They all said they learned a lot from our presentation � the people who deal with immigration problems on a nitty gritty daily level didn�t know the big picture on legal immigration, and the field representative didn�t know anything about the particular problems of legal EB immigrants.
� The field representative said she had had three meeting with immigration related groups that day already, and that the Senator�s staff has been hearing about immigration a lot BUT this was the first time she was hearing about legal skilled immigrants!!
� They thought our goals were reasonable and that they would be supportive. They thought we should reach out to as many other lawmakers as possible
BOTTOM LINE: Do you want favorable legislation not to pass simply because people didn�t know about our problems??? No! We need to get the word out.
2.Content
� They repeatedly said they were impressed with our presentation (go check it out).
� They liked the fact that we had an easy to read table which showed which of the current bills addressed some of our goals.
� They liked the fact that we printed and bound two copies of the presentation to give them.
� We also gave them copies of our tri-fold brochure
� We also gave them a number tabbed, bound copy of the following
-Must Read Documents on Legal Skilled Immigration
a) CIS Ombudsman's Report:
http://www.dhs.gov/interweb/assetlib...eport_2005.pdf
b) GAO Report on Backlogs at USCIS
http://www.gao.gov/new.items/d0620.pdf
c) Exec Summary of NAS Rising Above a Gathering Storm
http://fermat.nap.edu/catalog/11463.html
d) How Visa Date Cutoffs Are Established from July 2000 Bulletin
http://dosfan.lib.uic.edu/ERC/visa_b...7bulletin.html
e) President�s Economic Report: Chapter 2: Skills for the U.S. Workforce.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
3.Action Items
� We decided to keep in touch � I will follow up on the feedback they get from the Senator�s DC staffers.
� They wanted to know more about how our meetings with other lawmakers are going.
� I offered to act as source of facts and examples for their office on these issues � since I have read the relevant documents and data carefully.
� They suggested that we keep reaching out to members of the House � especially those who are in states without a lot of tech sector firms � those are the people who are least likely to know about our existence, let alone our problems.
BOTTOM LINE: I will keep in touch with all three, sharing talking points and getting feedback.
4. Lessons for future meetings with lawmakers/ Lessons for other states
� Do not be intimidated by the idea of initiating a meeting with the staffers of lawmaker � they do this all the time, and are friendly, easy to talk to, it is their job to listen to you� just put yourselves in the mindset of someone telling a story to a friendly audience.
� Get organized, print and bind copies of the presentation and additional docs listed above to give to them.
� Do a dry run of the talk, so that you build a narrative patter to go with the slides � this worked really well in this meeting.
� Whenever possible use examples from the experience of the IV members present to illustrate the point in the slide � for example when we were doing the I-485 Life with and Without Slide, we used Ollie and Neha�s experiences with layoffs and partner not being able to work
� Ask how you can follow up with them, what they would like you to do
� Write to thank them for their time and reiterate your basic points
************************************************** ********
BerkeleyBee's post in CA - Meet the Lawmakers thread
Meeting with Dianne Feinstein's staff
--------------------------------------------------------------------------------
Feb 15, 2006
Today, four members of IV met with 3 staffers from Dianne Feinstein�s office in San Francisco.
Two constituent services representatives, who deal with immigration problems on a daily basis (helping people with labor cert, I-140, I-485, security check etc problems) and one assistant field representative who interfaces with the Senator�s staff in DC on a whole host of issues.
We spent 1.5 hours with them. We went through our presentation, answering questions and giving examples all the way. Then we spent some time talking about how they could help us, suggestions about what IV should do, and how we could work with them. All in all it was an excellent meeting � they were riveted through out � asked lots of questions and were very supportive.
TAKEAWAYS
1.Getting the Word Out to Lawmakers
� They all said they learned a lot from our presentation � the people who deal with immigration problems on a nitty gritty daily level didn�t know the big picture on legal immigration, and the field representative didn�t know anything about the particular problems of legal EB immigrants.
� The field representative said she had had three meeting with immigration related groups that day already, and that the Senator�s staff has been hearing about immigration a lot BUT this was the first time she was hearing about legal skilled immigrants!!
� They thought our goals were reasonable and that they would be supportive. They thought we should reach out to as many other lawmakers as possible
BOTTOM LINE: Do you want favorable legislation not to pass simply because people didn�t know about our problems??? No! We need to get the word out.
2.Content
� They repeatedly said they were impressed with our presentation (go check it out).
� They liked the fact that we had an easy to read table which showed which of the current bills addressed some of our goals.
� They liked the fact that we printed and bound two copies of the presentation to give them.
� We also gave them copies of our tri-fold brochure
� We also gave them a number tabbed, bound copy of the following
-Must Read Documents on Legal Skilled Immigration
a) CIS Ombudsman's Report:
http://www.dhs.gov/interweb/assetlib...eport_2005.pdf
b) GAO Report on Backlogs at USCIS
http://www.gao.gov/new.items/d0620.pdf
c) Exec Summary of NAS Rising Above a Gathering Storm
http://fermat.nap.edu/catalog/11463.html
d) How Visa Date Cutoffs Are Established from July 2000 Bulletin
http://dosfan.lib.uic.edu/ERC/visa_b...7bulletin.html
e) President�s Economic Report: Chapter 2: Skills for the U.S. Workforce.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
3.Action Items
� We decided to keep in touch � I will follow up on the feedback they get from the Senator�s DC staffers.
� They wanted to know more about how our meetings with other lawmakers are going.
� I offered to act as source of facts and examples for their office on these issues � since I have read the relevant documents and data carefully.
� They suggested that we keep reaching out to members of the House � especially those who are in states without a lot of tech sector firms � those are the people who are least likely to know about our existence, let alone our problems.
BOTTOM LINE: I will keep in touch with all three, sharing talking points and getting feedback.
4. Lessons for future meetings with lawmakers/ Lessons for other states
� Do not be intimidated by the idea of initiating a meeting with the staffers of lawmaker � they do this all the time, and are friendly, easy to talk to, it is their job to listen to you� just put yourselves in the mindset of someone telling a story to a friendly audience.
� Get organized, print and bind copies of the presentation and additional docs listed above to give to them.
� Do a dry run of the talk, so that you build a narrative patter to go with the slides � this worked really well in this meeting.
� Whenever possible use examples from the experience of the IV members present to illustrate the point in the slide � for example when we were doing the I-485 Life with and Without Slide, we used Ollie and Neha�s experiences with layoffs and partner not being able to work
� Ask how you can follow up with them, what they would like you to do
� Write to thank them for their time and reiterate your basic points
hairstyles Dance Quotes. Khryz
ramaa
06-21 11:00 PM
Thank you for reply.
Can I request to port 2003 PD at the time of filing 2nd I-140
or
Should I first get 2nd I-140 approved with new 2007 PD and then try to port old 2003 PD while filing for I-485.
Job description, salary does not matter in porting PD. Is there any possible reason CIS may not port the PD though old I-140 is not revoked by employer.
I appreciate your input.
Thanks
Can I request to port 2003 PD at the time of filing 2nd I-140
or
Should I first get 2nd I-140 approved with new 2007 PD and then try to port old 2003 PD while filing for I-485.
Job description, salary does not matter in porting PD. Is there any possible reason CIS may not port the PD though old I-140 is not revoked by employer.
I appreciate your input.
Thanks
fcres
07-12 04:43 PM
I think it is true that once you are counted in the cap you will not be counted again. so you can switch back and forth H4 and H1 without being counted in the quota.
This is what my lawyer also told me when i asked him about being on H4. I'm on 9th yr ext with approved I140 and my spouse is on non-profit H1.
This is what my lawyer also told me when i asked him about being on H4. I'm on 9th yr ext with approved I140 and my spouse is on non-profit H1.
Marphad
03-27 08:47 AM
AP:
Earlieir link provided ( http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf) has that info too.
An alien, however, who entered the United States pursuant to an advance parole document is not �lawfully admitted,� because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k).
Yes, on AOS you are always in status. Gap in employment should not be an issue on AOS as long as you can produce an EVL.
Status violations are a problem only when you are on H1B.
I entered on H1 not AP. Hope this is safe :).
Earlieir link provided ( http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf) has that info too.
An alien, however, who entered the United States pursuant to an advance parole document is not �lawfully admitted,� because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k).
Yes, on AOS you are always in status. Gap in employment should not be an issue on AOS as long as you can produce an EVL.
Status violations are a problem only when you are on H1B.
I entered on H1 not AP. Hope this is safe :).
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