newbie2020
08-11 09:47 AM
Since it is a new H1 I would say unless the petitioning employer is not co-operating, Then you don't have any other choice. You need to wait until next April for new H1.
Did u try to go to another consulate, Say Mumbai or Chennai or Kolkata.
I am not sure if that would work, since i have heard that consulate will sometimes hold the passport and/or stamp on the back that this application was received.
If you are able to go to another consulate go ahead and check your luck, sometimes they don't ask anything for documentation (This happened with me twice)
Did u try to go to another consulate, Say Mumbai or Chennai or Kolkata.
I am not sure if that would work, since i have heard that consulate will sometimes hold the passport and/or stamp on the back that this application was received.
If you are able to go to another consulate go ahead and check your luck, sometimes they don't ask anything for documentation (This happened with me twice)
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GCWhru
12-01 09:48 AM
I believe no group is formed for TN. I am requesting people to reply so that we can count and form something.
Thanks
Thanks
ddeka
12-31 10:06 AM
My attorney applied for me. I am not sure what needs to be done if you want to apply yourself. AP will be valid for 1 yr and requires renewal every yr.
Thank you for your help. I really appericate your response.
I have one more question. How I can apply for AP? How long AP is valid for?
Thank you for your help. I really appericate your response.
I have one more question. How I can apply for AP? How long AP is valid for?
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abhi_jais
12-03 02:59 PM
A friend of mine has got 221G from the New Delhi consulate. He works directly for the company there is no client involved here. The consulate has requested the details of every single employee of the company along with their immigration status. My friend is trying to get that information from the employer.
Any suggestion at this point????
Any suggestion at this point????
more...
nk2006
11-12 10:58 AM
Why have you created 56,098 threads on the same topic?
I was trying to post this in each state chapters. Most of state chapters dont have an active thread so created one in some of them. I am just trying to bring attention of any members not aware of this campaign already.
I was trying to post this in each state chapters. Most of state chapters dont have an active thread so created one in some of them. I am just trying to bring attention of any members not aware of this campaign already.
royus77
07-10 12:02 PM
Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
Do you have the number of people who held like that ?Most of the people are struck because of the Name Check which USCIS cannt also do any thing because of security .
VB fiasco was done due to the mis communication between DOS and USCIS and it effected nearly 700k people ..thats the reason .No body is paying AILA for the 485 lawsuit
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
Do you have the number of people who held like that ?Most of the people are struck because of the Name Check which USCIS cannt also do any thing because of security .
VB fiasco was done due to the mis communication between DOS and USCIS and it effected nearly 700k people ..thats the reason .No body is paying AILA for the 485 lawsuit
more...
alien2006
07-21 02:56 PM
Isn't Murthy in the DC Area?
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dixie
09-08 08:40 PM
Interesting thread but NO Radio Button to vote...
You will have to login to be able to vote.
You will have to login to be able to vote.
more...
gcdreamer05
01-05 04:35 PM
Hi there,
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
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amsgc
02-01 12:11 AM
On reading a bit about PIMS, it seems that if your information is not in the KCC, then the US consulate sends a request to Kentucky for information. It turns out KCC has access to the CLAIMS3 system used by the USCIS, and they generally respond in 48 hrs. Here is the link:
http://srwlawyers.com/Resources/ImmigrationNews/tabid/91/Default.aspx
Scroll down to Dec 12.
http://srwlawyers.com/Resources/ImmigrationNews/tabid/91/Default.aspx
Scroll down to Dec 12.
more...
narendra_modi
03-04 10:04 PM
what is missing, I am on H1B, I haven't filed yet anything for the GC, tell me why it is irrelevant post ? Whats wrong in redirecting the immigrationvoice.com to ebimmigrationvoice.com because I have observed that when ever some newbie ask some thing non eb based, e g , a family based legal immigration Que. then people here just give hard time..
narendra_modi = troll alert
reasons: first post, missing info, irrelevant post
narendra_modi = troll alert
reasons: first post, missing info, irrelevant post
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msp1976
01-11 11:34 AM
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
No ..There would be no problem...
In fact tell the lawyer to attach the 140 application receipt to the H1 extension and ask for a 3 year extension..at least 1 year they got to give...
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
No ..There would be no problem...
In fact tell the lawyer to attach the 140 application receipt to the H1 extension and ask for a 3 year extension..at least 1 year they got to give...
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eb3retro
07-27 12:48 PM
Friends,
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
wow..when did you file your I-485? cos, I am in Jan2003 and never had a chance to file 485 until now...could you elaborate???
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
wow..when did you file your I-485? cos, I am in Jan2003 and never had a chance to file 485 until now...could you elaborate???
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lord_labaku
07-23 12:30 PM
In my experience, going to the airlines respective websites get you a similar deal. Try
Emirates
Lufthansa
singapore
malaysian
British
American
delta
continental
jet
etc...
Emirates
Lufthansa
singapore
malaysian
British
American
delta
continental
jet
etc...
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sledge_hammer
01-15 12:44 PM
Since when did the regime in China become "rouge"?
This should pose no problem. My uncle who was also an ex Army officer got B1 to visit his kids here. I also have a friend who is retired from the Army and is now on H1 also waiting for GC. Only problem will be for Army personel of Rouge regimes like China, North Korea, Libiya, Iran, Some African countries and Kamer Rouge etc.
This should pose no problem. My uncle who was also an ex Army officer got B1 to visit his kids here. I also have a friend who is retired from the Army and is now on H1 also waiting for GC. Only problem will be for Army personel of Rouge regimes like China, North Korea, Libiya, Iran, Some African countries and Kamer Rouge etc.
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jetflyer
06-11 01:24 PM
Also depends what is the compensation for the position. As what I see normally (applies to contracting only) any job under $50/hr goes unfilled or takes longer but jobs with $80-$100 gets filled in 2-3 days and creates shortage for those.
May be because immigrants (H1 & GC) who came in around 1997-2001 have over 7+ yrs of US experience and get paid really well :D
May be because immigrants (H1 & GC) who came in around 1997-2001 have over 7+ yrs of US experience and get paid really well :D
more...
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rajeever
02-27 12:33 PM
Hi,
My name is Rajeev. I�m working as a senior technology consultant (Senior Business Analyst and Senior Quality Assurance) with a top IT consulting and service company.
Background:
My H1-B visa and 1-94 are expiring on July 06th 2009 (almost 4 months from now) and final 6 year H1-B time is ending on May 2011.
I spoke with the HR manager of my company to renew my H1-B visa four times in last couple of months but every time she says that there is of integration going on (Actually, my company was acquired by another company and right now integration is going process is going on). However, I spoke with the immigration department of my company and they told me that since integration process is under way, however this integration process will not effect the renewal of H1-B process, company will deal it in the same way it was dealing before. I explained this thing to my Manager on Tuesday but again, she was not convinced and want to speak with the her immigration contacts and advised me to wait and didn�t gave me a date when she is going to get back to me ( I don�t know what is going on in her mind).
So far, I�ve not applied for Green card, actually, last September, I submitted all the paper work to my Manager (till Dec 2008, I was employed with the consulting division of my company and afterward, I was transferred to the local account). With this transfer, my consulting division manager refused to process and pay for my GC and advised me that I should apply it through local account.
Now local account is saying that it is very unlikely that they�ll sponsor my GC because there is lot of cost cutting going on and GC process takes anywhere from 10 K to 14K. I did told them that company may deduct the GC fees through my pay. But I didn�t hear anything from them so far. Its been almost 2 months now.
Advise and Help:
Since my final H1-B is expiring on May 2011. Almost 2 years and 2 months. My GC is not filed yet. What should I do now?
1. Look for a new job, who can sponsor my H1-B (actually, I�ve started looking but no luck yet).
2. What if if I don�t find a job till July 6 2009?
3. is it a good idea to transfer my H1-B visa to Indian consultancy company without a project in hand?
4. Please recommend good Indian consultancy companies to whom I speak regarding my H1-B transfer and GC application process.
Please ask me specific questions or which I may not have addressed above or I�ve not explained any section above.
On the different note, I was also got stuck in Canada last year from April 2008 to Aug 2008. Here is my previous post http://immigrationvoice.org/forum/showthread.php?p=279088.
Many thanks!
Rajeev
.
My name is Rajeev. I�m working as a senior technology consultant (Senior Business Analyst and Senior Quality Assurance) with a top IT consulting and service company.
Background:
My H1-B visa and 1-94 are expiring on July 06th 2009 (almost 4 months from now) and final 6 year H1-B time is ending on May 2011.
I spoke with the HR manager of my company to renew my H1-B visa four times in last couple of months but every time she says that there is of integration going on (Actually, my company was acquired by another company and right now integration is going process is going on). However, I spoke with the immigration department of my company and they told me that since integration process is under way, however this integration process will not effect the renewal of H1-B process, company will deal it in the same way it was dealing before. I explained this thing to my Manager on Tuesday but again, she was not convinced and want to speak with the her immigration contacts and advised me to wait and didn�t gave me a date when she is going to get back to me ( I don�t know what is going on in her mind).
So far, I�ve not applied for Green card, actually, last September, I submitted all the paper work to my Manager (till Dec 2008, I was employed with the consulting division of my company and afterward, I was transferred to the local account). With this transfer, my consulting division manager refused to process and pay for my GC and advised me that I should apply it through local account.
Now local account is saying that it is very unlikely that they�ll sponsor my GC because there is lot of cost cutting going on and GC process takes anywhere from 10 K to 14K. I did told them that company may deduct the GC fees through my pay. But I didn�t hear anything from them so far. Its been almost 2 months now.
Advise and Help:
Since my final H1-B is expiring on May 2011. Almost 2 years and 2 months. My GC is not filed yet. What should I do now?
1. Look for a new job, who can sponsor my H1-B (actually, I�ve started looking but no luck yet).
2. What if if I don�t find a job till July 6 2009?
3. is it a good idea to transfer my H1-B visa to Indian consultancy company without a project in hand?
4. Please recommend good Indian consultancy companies to whom I speak regarding my H1-B transfer and GC application process.
Please ask me specific questions or which I may not have addressed above or I�ve not explained any section above.
On the different note, I was also got stuck in Canada last year from April 2008 to Aug 2008. Here is my previous post http://immigrationvoice.org/forum/showthread.php?p=279088.
Many thanks!
Rajeev
.
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omiboy
09-24 11:09 AM
Thanks once again for the reply.
When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?
Thanks
Omi.
When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?
Thanks
Omi.
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krogot
02-15 06:35 PM
Hello,
I currently have my PERM for EB3 approved and the company lawyers are about to file I-140. But the priority date for filing I-485 is still 2002, which is not very exciting :( So I'm thinking about switching to EB2.
I have BS degree and 51 month of work experience prior joining the current company, so I'm short on 9 month for qualifying for "BS+5". I've been with company for 2 years now and recently was promoted from "Software Engineer" to "Software Architect". I've read that I can use my current employer experience if the new position is more than 50% different from the previous one.
Does it make sense for me to ask my employer to restart my GC process and show that my current position is more than 50% different? Does it make sense for me to start looking for another job, because the experience I gained with the current company qualifies me for "BS+5"?
I really like working in the company, so if it's possible I'd prefer to stay there, but waiting for 8 years to apply for I-485 really worries me...
I currently have my PERM for EB3 approved and the company lawyers are about to file I-140. But the priority date for filing I-485 is still 2002, which is not very exciting :( So I'm thinking about switching to EB2.
I have BS degree and 51 month of work experience prior joining the current company, so I'm short on 9 month for qualifying for "BS+5". I've been with company for 2 years now and recently was promoted from "Software Engineer" to "Software Architect". I've read that I can use my current employer experience if the new position is more than 50% different from the previous one.
Does it make sense for me to ask my employer to restart my GC process and show that my current position is more than 50% different? Does it make sense for me to start looking for another job, because the experience I gained with the current company qualifies me for "BS+5"?
I really like working in the company, so if it's possible I'd prefer to stay there, but waiting for 8 years to apply for I-485 really worries me...
Blog Feeds
11-30 03:21 AM
Department of State Visa Office provided explanation of its monthly determination of employment preference cut-of dates and data used in determining employment based cut-off dates for December 2010.
Each month, the State Department subdivides the annual preference and foreign state limitations specified by the Immigration and Nationality Act into monthly allotments based on totals of documentarily qualified Immigrant Visa applicants reported at consular posts and Immigration Offices, grouped by foreign state chargeability, preference category, and priority date.
If there are sufficient numbers in a category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example: If the monthly allocation target is 3,000 and there is only demand for 1,000, the category will be "Current�. Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for the particular month, the category is "oversubscribed" and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
For example: If the monthly target is 3,000 and there is demand for 8,000 applicants, then it would be necessary to establish a cut-off date so that only 3,000 numbers would be allocated. In this case, the cut-off would be the priority date of the 3,001st applicant.
Click here for a detailed chart with to demonstrate the above examples. Download file (http://www.visalawyerblog.com/visa%20allocationnumbers%20explianed%2011-22-2010.pdf)
More... (http://www.visalawyerblog.com/2010/11/visa_bulletin_how_employment_p.html)
Each month, the State Department subdivides the annual preference and foreign state limitations specified by the Immigration and Nationality Act into monthly allotments based on totals of documentarily qualified Immigrant Visa applicants reported at consular posts and Immigration Offices, grouped by foreign state chargeability, preference category, and priority date.
If there are sufficient numbers in a category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example: If the monthly allocation target is 3,000 and there is only demand for 1,000, the category will be "Current�. Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for the particular month, the category is "oversubscribed" and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
For example: If the monthly target is 3,000 and there is demand for 8,000 applicants, then it would be necessary to establish a cut-off date so that only 3,000 numbers would be allocated. In this case, the cut-off would be the priority date of the 3,001st applicant.
Click here for a detailed chart with to demonstrate the above examples. Download file (http://www.visalawyerblog.com/visa%20allocationnumbers%20explianed%2011-22-2010.pdf)
More... (http://www.visalawyerblog.com/2010/11/visa_bulletin_how_employment_p.html)
a_yaja
09-09 12:30 PM
Hello All,
I was in H4 status but currently in AOS Pending Status. Is it possible to request for filing F1 thru my current school while the candidate is in AOS Pending / I-485 Pending Status. I would like to obtain the F1 thru school even though my I-485 is in pending status. Firstly, Is it possible to change the status from AOS Pending to F1. Secondly, what would be the process to obtiant the same.
I would really appreciate your feedback / inputs on this regard.
Thank you,
As gc_check mentioned, check with your school coordinators or an immigration attorney. Changing to F1 might endanger you AOS and your GC. F1 is a non-immigrant visa and does not allow for immigration intent like H1B. Hence moving to F1 from AOS could be construed as abandoning you intent to immigrate, therefore USCIS can deny your I-485. This is just my opinion - so consult a good lawyer.
Secondly, why do you want to convert to F1 when you are on AOS? You should be able to get all the benefits of F1 like TA/ RA, on-campus employment (and off-campus too) if you have an EAD. That would be a safer route for you - if you do not already have an EAD, apply for one and after getting your EAD, apply for SSN. That is the way I would go.
I was in H4 status but currently in AOS Pending Status. Is it possible to request for filing F1 thru my current school while the candidate is in AOS Pending / I-485 Pending Status. I would like to obtain the F1 thru school even though my I-485 is in pending status. Firstly, Is it possible to change the status from AOS Pending to F1. Secondly, what would be the process to obtiant the same.
I would really appreciate your feedback / inputs on this regard.
Thank you,
As gc_check mentioned, check with your school coordinators or an immigration attorney. Changing to F1 might endanger you AOS and your GC. F1 is a non-immigrant visa and does not allow for immigration intent like H1B. Hence moving to F1 from AOS could be construed as abandoning you intent to immigrate, therefore USCIS can deny your I-485. This is just my opinion - so consult a good lawyer.
Secondly, why do you want to convert to F1 when you are on AOS? You should be able to get all the benefits of F1 like TA/ RA, on-campus employment (and off-campus too) if you have an EAD. That would be a safer route for you - if you do not already have an EAD, apply for one and after getting your EAD, apply for SSN. That is the way I would go.
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