prem_goel
07-07 01:17 AM
My lawyer who handled my H-1b transfer told me that. I find it logical as well. If you are the beneficiary of an approved H-1B petition, then why can't you go back to that status whenever you want. So I think its correct. however she did mention that she handled the case of a person who was on EAD for about an year. i am assuming his old H-1B petition must've been valid when they filed again.
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roseball
03-29 03:34 PM
Read the Murthy article, looks like DOL is stepping up PERM approvals for non-audited cases (now let's just pray we who are waiting for PERM don't get audited!)
Best of luck to all!
MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)
As per my attorney, number of PERM applications filed in 2nd half of 2009 is very low (He has some good contacts at Atlanta DOL). He was expecting all 2009 non-audited cases to be processed in a couple of months....Not getting audited is the key in PERM process. My PERM will be finally filed this week, and I am hoping its not going be audited (MS + 6 yrs or BS + 8 yrs exp, 4G Mobile Communications R&D) though my attorney feels it will be....Keeping my fingers crossed...A successful EB3 to Eb2 conversion seems to be the only hope...
Best of luck to all!
MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)
As per my attorney, number of PERM applications filed in 2nd half of 2009 is very low (He has some good contacts at Atlanta DOL). He was expecting all 2009 non-audited cases to be processed in a couple of months....Not getting audited is the key in PERM process. My PERM will be finally filed this week, and I am hoping its not going be audited (MS + 6 yrs or BS + 8 yrs exp, 4G Mobile Communications R&D) though my attorney feels it will be....Keeping my fingers crossed...A successful EB3 to Eb2 conversion seems to be the only hope...
raysaikat
05-30 01:22 PM
Hi,
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
The visa stamp on your passport does not determine your status once you are inside USA. Visa stamp on the passport is used just for entering the US. It is like a movie ticket. You will need the visa stamp on the passport only if you go out and need to come back again. The expiry date on the visa stamp simply means you cannot use that stamp to enter US after that date.
Once you are inside US, usually it is I-94 that determines how long you can stay. In the case of F1, usually I-94 says D/S, which means "Duration of Status" --- i.e., as long as your F1 status holds according to I-20, you are good. OPT is a part of F1. So as long as you do not stay beyond the date of OPT expiration, you are good.
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
The visa stamp on your passport does not determine your status once you are inside USA. Visa stamp on the passport is used just for entering the US. It is like a movie ticket. You will need the visa stamp on the passport only if you go out and need to come back again. The expiry date on the visa stamp simply means you cannot use that stamp to enter US after that date.
Once you are inside US, usually it is I-94 that determines how long you can stay. In the case of F1, usually I-94 says D/S, which means "Duration of Status" --- i.e., as long as your F1 status holds according to I-20, you are good. OPT is a part of F1. So as long as you do not stay beyond the date of OPT expiration, you are good.
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kanakabyraju
08-31 01:34 PM
I filed AOS during July 07 fiasco. It has been more than 15 months since the first fingerprint but I have not yet received 2nd fingerprint notice. I noticed a SLUD in May/09 but no notice. Anybody else out there who filed in July but don't have second fingerprint notice yet?
Best thing is to apply AP online. I did the same and got the FP notice 2nd time. Planning to do it again this year end.
kanaka
Best thing is to apply AP online. I did the same and got the FP notice 2nd time. Planning to do it again this year end.
kanaka
more...
zvezdast
07-02 06:03 PM
Yes, it's my case that just got approved. See my signature for dates.
Was this your case? Did you get approved in two months? Whats your PD?
Was this your case? Did you get approved in two months? Whats your PD?
ajju
04-16 10:41 PM
While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
You can hope to get the refund and if not write to uscis and they are honest about these things.
Your premium fees arrived after your H1 approval.. otherwise its not refundable... Since he/she applied EAD/AP and after one week, 485 got approved.. They are mostly like deny the EAD/AP benefits saying you don't qualify... But its always good to call USCIS first hand and discuss the issue with customer rep to explain the situation...
USCIS # (800) 375-5283
You can hope to get the refund and if not write to uscis and they are honest about these things.
Your premium fees arrived after your H1 approval.. otherwise its not refundable... Since he/she applied EAD/AP and after one week, 485 got approved.. They are mostly like deny the EAD/AP benefits saying you don't qualify... But its always good to call USCIS first hand and discuss the issue with customer rep to explain the situation...
USCIS # (800) 375-5283
more...
bhushansd
07-12 03:45 PM
Please change the name of this thread, it sounds that some got a rejection notice.
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ajcates
10-13 10:33 AM
oh.
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gcformeornot
12-31 12:39 PM
Friends,
We applied for 485 on July23rd. Still no FP notices have received. Lawyer says waiting is only option...
Please vote on your FP Notices status......
We applied for 485 on July23rd. Still no FP notices have received. Lawyer says waiting is only option...
Please vote on your FP Notices status......
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gsc999
06-09 01:13 PM
Thank god for the small mercies like premium processing among all this slow moving bureaucracy.
They have been trying to move up the value chain, H1-B, recently they announced I-140. :rolleyes: Hopefully the same for 485 as well. But that is subject to retrogressed visa dates. Maybe the CIR will be passed and we can apply for 485 w/o visa availability.
They have been trying to move up the value chain, H1-B, recently they announced I-140. :rolleyes: Hopefully the same for 485 as well. But that is subject to retrogressed visa dates. Maybe the CIR will be passed and we can apply for 485 w/o visa availability.
more...
raama123
02-24 10:29 AM
we are posting here to know the solution or how we can come out from the problem or possibility.
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Raama
can you think about yourself when you are saying to others?
Thanks advancely.
Raama
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Almond
07-17 08:07 AM
This is a terrible situation, I feel so bad for you. Can you afford to go to a lawyer as soon as you can and ask for advice? I think it's very important, this is critical. 11 years:(
more...
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stxvr
07-20 02:24 PM
7% limit is for the each category (like EB 7%) then seperate 7% for FB.
Can the EB used all the numbers of india (25,620) OR it can use only 7% of the EB only means (9800)
Can the EB used all the numbers of india (25,620) OR it can use only 7% of the EB only means (9800)
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Appu
09-11 01:10 PM
http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf
According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.
Ha! If that is so, how come their own friggin website shows a 6 month backlog:
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Nebraska
According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.
Ha! If that is so, how come their own friggin website shows a 6 month backlog:
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Nebraska
more...
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GCAmigo
07-16 08:59 AM
Just curious, where did you get the 1000 number?
Our website shows 18,000 members and growing.
OK.. may be less than a 1000 (contributing) members!
Our website shows 18,000 members and growing.
OK.. may be less than a 1000 (contributing) members!
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java4yogi
06-09 02:05 AM
just checking if any lucky ones have received a approval for their h1b petitions this year !!!
more...
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wandmaker
03-26 01:19 AM
My employer had mentioned a salary of 87,000$ in my labor.
Other folks have given the answers to your question. Just to summarize, as long as your current salary is >= H1B LCA you are fine and GC LCA rate applies only after you get GC. Till then chill out and BTW - Lighter note, If you are moving to similar or same job with another employer and invoking AC21, make sure you are getting paid greater than or equal to 87K/Year. Thats my two cents.
Other folks have given the answers to your question. Just to summarize, as long as your current salary is >= H1B LCA you are fine and GC LCA rate applies only after you get GC. Till then chill out and BTW - Lighter note, If you are moving to similar or same job with another employer and invoking AC21, make sure you are getting paid greater than or equal to 87K/Year. Thats my two cents.
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optimist578
11-24 08:02 PM
I forgot to mention that I also have a valid h1b visa. I don't intend to use my EAD. So in that case if I go back to f1, what will happen to my PD and 485 application?
or is it better to fall back on EAD and continue with education? Please advice!
Optimist578 - can you please let us know what you find out from your attorney?
thanks a lotsxk
I am planning to pursue my studies part-time, while working fulltime on H1B or EAD. If you move to F1 visa, you will have to forego your immigration application. To apply for immigration later will require you to start all over again. It is unbelievable !! :mad:
So, depending upon your age and other factors, you should consider studying part-time or wait till you get your GC.
------------------------
EB3 March 2003
AOS RD: June 22 '07
EAD, AP Received
or is it better to fall back on EAD and continue with education? Please advice!
Optimist578 - can you please let us know what you find out from your attorney?
thanks a lotsxk
I am planning to pursue my studies part-time, while working fulltime on H1B or EAD. If you move to F1 visa, you will have to forego your immigration application. To apply for immigration later will require you to start all over again. It is unbelievable !! :mad:
So, depending upon your age and other factors, you should consider studying part-time or wait till you get your GC.
------------------------
EB3 March 2003
AOS RD: June 22 '07
EAD, AP Received
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gcformeornot
02-11 02:39 PM
Hi desi9333, let me answer your question in general and note that this is not a speculation on the OP's case. A common reason for L1 denial could be that the USCIS determines that the petitioner isn't really in a 'specialty' occupation. For example, if his job description mentions java programmer, then he is more likely to get denied since we know there is a surplus of java programmers in this country (US citizens, LPRs and our favorite H1Bs). Since I was on an L1 visa, I know the purpose was really 'specialty' occupation which means you need to be an expert on something that's not easily available in the U.S.
To gchodhry, hope you get clarification and solution on your case soon, if you haven't broken any rules. Good luck.
L1 is intracompany transfer. Means you worked for a foriegn company in some other country and you are expert in their technology(in-house) or products. And they require you at their office in US. That's where they should apply for L1 Visa.
To gchodhry, hope you get clarification and solution on your case soon, if you haven't broken any rules. Good luck.
L1 is intracompany transfer. Means you worked for a foriegn company in some other country and you are expert in their technology(in-house) or products. And they require you at their office in US. That's where they should apply for L1 Visa.
surabhi
09-16 10:21 PM
surabhi,
At the Port of Entry, were you asked if you are still working for the GC sponsoring employer? Did you have to show any documentation from new employer?
I am planning to travel to India in December on AP. I recently changed jobs.
Thanks in advance.
THe IO asked who filed my green card. He didnt followup to ask if I am still working with the original employer or not.
At the Port of Entry, were you asked if you are still working for the GC sponsoring employer? Did you have to show any documentation from new employer?
I am planning to travel to India in December on AP. I recently changed jobs.
Thanks in advance.
THe IO asked who filed my green card. He didnt followup to ask if I am still working with the original employer or not.
RSM1444
08-06 12:54 PM
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