Wednesday, June 8, 2011

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  • baburob2
    10-07 08:11 PM
    My son is a US citizen/passport holder and we are planning on applying for a PIO for him at the SFO consulate. I have the following questions on how he could use the PIO card

    1. How can he use the PIO card to enter and exit India?
    a. Does he simply show the PIO card, US passport to enter and exit India?
    2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
    a. Do they return the PIO application and its supporting documents before visa could be applied?
    b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa?





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  • vishwak
    10-11 09:07 AM
    Better Luck in December bulletin for EB2 and Hope Eb3 will move forward too.

    All the best to all waiting for GC like me.





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  • sa.node
    02-15 09:01 PM
    All

    I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.

    I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
    So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...

    Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
    OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
    Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
    OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
    Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
    OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
    OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
    OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?

    Thanks a lot in advance.
    ;)





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  • sledge_hammer
    03-06 02:13 PM
    The state that's in your LCA

    Thanks for all the information and support, I really appreciate that.

    I just talked with DOL representative, he was very supportive and he asked me to fill WH4 and fax it to them and said they will take immediate action on this.

    I just have one more question, my employer has branch in CA and NJ both states so which address I should mention in WH4? as I think both states have diff. rules.



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  • gsc999
    01-10 01:57 PM
    Thanks Y'all for the inputs !
    Iam going to Houston tomorow for getting my fresh passport, hope I get it in couple of hours so that I can go to French embassy and get my transit visa too. :(
    ----
    I recently travelled to India via Munich on Lufthansa. I was told by my ticketing agent that I will need a German transit visa. I looked at the info. on German constulate's website and did some reasearch, I didn't need one.

    I suggest, you get one to be on the safer side. For other readers, if you are on H1B and if your transit time is 2 to 3 hours and you travel on the same airlines (there are other issues e.g. the terminal is same etc.), than you don't need a transit visa but always call in and check with the appropriate constulate.





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  • reachinus
    07-14 12:14 PM
    Receipt Number: lin0720551219

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and pending.

    On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.



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  • gccovet
    06-17 02:34 PM
    Employer A:
    -Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
    -Employer A is threatening to withdraw the I 140 if I move out from their company.

    Employer B:
    -Fortune Client where am currently working as a contractor
    -B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.

    I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.

    However, before I use AC 21, if the I 140 is revoked, am I still eligible to use AC 21?

    Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?

    Past 180 days, I-140 revocation does not create any problems. Even if you get H1 transferred, you can still get EAD renewed. Make sure new job has job duties 'same/similar' (soc codes matches)





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  • asiandude2
    02-06 03:57 PM
    My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.

    Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
    - do I need to submit an application for transfer (new I797) for my wife's H4 visa
    - can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.


    Thank you



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  • wizpal
    02-26 09:55 AM
    She could pursue Masters on H4 visa as well. It has its own merits and disadvantages. Advantages are she would be eligible to in-state tution waiver(Which is significant) and could complete the program at her own pace. Disadvantage is that she would NOT be eligible for any scholorship and can not work while on H4.





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  • vallabhu
    06-11 10:14 PM
    I have used all my H1 years... I was not eligible for extension as my labor /perm was filed < 365 days. Currently on EAD with I 140 pending.. Am I eligible? :cool:

    Even I am situation due to I140 denial I am in 9th year extension, I have to start new process soon but I will work on it only I will be eligible for PP of I140.



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  • go_guy123
    01-11 05:18 AM
    Things r getting bad in the US...I'd suggest better move to Canada now and start a business if u have saved enough to start one. Wait for citizenship and come back later on a TN Visa which is valid forever (barring the pain of yearly extensions u shudn't have any other issue).

    In the US u cud lose ur job anytime however stable it might look like now. Else what was the point in applying for Canadian PR and all the pains u took???

    TN visa is now valid for 3 years (earlier it used to be for 1 year)





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  • hinvin66
    08-06 06:46 PM
    Dhundhun

    I've seen your posts since long and just noticed that we have the same RD/ND @ NSC.

    RD: 08/02/2007, ND: 09/17/2007 @NSC

    Have you seen any LUD's recently?



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  • unknown123
    11-09 12:01 PM
    What is your PD?

    Good luck
    Employer need to demonstrate 'Ability to Pay' from PD till I-140 is approved. Since you've used Nov 2004 labor, I assume that your PD is 'Nov 2004'. In this case your employer has to demonstrate ability to pay for year 2005 (even if you were not employed that time). If they have shown loss in 2005 tax return, chances are that your petition will be declined and only option is MTR and/or AAO.

    Here is some good info... http://www.ilw.com/articles/2005,0118-guevara.shtm

    You need a real good lawyer.

    All the best





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  • Kitiara
    08-16 06:25 AM
    Duh... Guess I haven't woken up properly yet! Now I re-read all the posts, you're absolutely correct. Oops.

    Anyway, I've found the break apart doodad can be quite hit and miss. I had a picture of some trees for an X-Files stylee website design I was toying around with, and they came out awfully, while some pylons came out even better. Neither were anything too radical, just basically black and white images.



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  • desi3933
    02-14 08:31 AM
    There is no rule/law that'll help you get a green card if you stay here for 10 years or even 50 years.

    >> even 50 years
    Incorrect.

    Refer to my previous post on this.



    .





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  • usr2004
    01-25 02:31 PM
    This is for FAFSA student aid application
    I bought some UNITS from UNIT TRUST OF INDIA for my daughter when she was 1 year old back in India.
    Do I need to report this as student asset? where does this asset fit in?

    I am also facing all of the above issues for my daughter's college admission.

    Thanks



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  • alterego
    10-27 07:58 PM
    I think the lawyer wants her to get the h4 stamped so she can stay in status in case of any problems with the 485, especially since you are maintaining your H1b/AOS pending on which she is a dependent.
    Since she has not used the H1b or got it stamped and since you have applied for 485 before it was to take effect, she is safe with your dependent 485 AOS and H4 status. Cancelling her H1b will benefit you guys from any confusion at the consulate. Either way the AP will allow her to return in AOS without problems.





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  • karsat
    10-18 03:15 PM
    Can someone please post all the documents required for filing AC21 ?





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  • GC Struggle
    03-13 04:05 PM
    Can you tell me if all the 140's have been applied and approved from the same service center.

    The USCIS has the jusrisdiction to review all previously approved 140's to check that the company has the ability to pay all its 140 fillings - most of teh times this is done if the company has mutiple filings in the same calendar year.

    To answer your question if USCIS can come after you.. I guess yes.. I remember seeing a post on IV (member / user name Dimpi) where the persons 140 was rejected 2.5 years after it was approved.. this after him using AC21 and moving to another company...





    anilsal
    12-14 11:49 AM
    Are we calling the Senator's office for taking up the cause for CIR?

    I presume he is a democrat. Can we request him to take into consideration, skilled immigration?





    CRAZYMONK
    04-07 11:49 AM
    Hi,

    I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?

    Thank you very much.

    Regards,
    Venkat.

    Which state you are in?



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