desigc
01-08 04:57 PM
Thanks Pointlesswait
I have about 3 months left on H1b. From your post, it seems that I shud file for extension ASAP and if layoff happens...transfer H1..
Did I interpret you correctly?
When you apply for H1 transfer..they transfer the current H1.
If you have more than 6 months on ur H1 you cannot apply for extension..
when you file for transfer.
So better option would be:
a.) Transfer H1...and then file for extension.
b.) Or file for extension and then change jobs...
if you havent filed for 485.. then you have to restart the GC..and recapture your PD.... i used the option B.
hope this helps
I have about 3 months left on H1b. From your post, it seems that I shud file for extension ASAP and if layoff happens...transfer H1..
Did I interpret you correctly?
When you apply for H1 transfer..they transfer the current H1.
If you have more than 6 months on ur H1 you cannot apply for extension..
when you file for transfer.
So better option would be:
a.) Transfer H1...and then file for extension.
b.) Or file for extension and then change jobs...
if you havent filed for 485.. then you have to restart the GC..and recapture your PD.... i used the option B.
hope this helps
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gbof
01-28 09:16 PM
Folks, please help:
I had submitted both parents' affidavit along with my 485. Now i got RFE with only 3 weeks to reply. My name and DOB is diff in my BC so it's of no use and they won't issue NABC. I recvd BC from consulate and i am going to submit it along with a copy of my 10th grade leaving cert.
My questions are:
1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ?
2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE?
3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ?
Thanks in advance.
I can not say on on Q1 or Q3 but for Q2, I am told by attorney USCIS does not entertain BC from consulate or BC issued by school board.
I had submitted both parents' affidavit along with my 485. Now i got RFE with only 3 weeks to reply. My name and DOB is diff in my BC so it's of no use and they won't issue NABC. I recvd BC from consulate and i am going to submit it along with a copy of my 10th grade leaving cert.
My questions are:
1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ?
2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE?
3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ?
Thanks in advance.
I can not say on on Q1 or Q3 but for Q2, I am told by attorney USCIS does not entertain BC from consulate or BC issued by school board.
vaishnavilakshmi
09-27 03:49 PM
Whoever has already attended FP, did the FP officer ask for 485 receipt also along with FP Notice.
I received FP Notice, but didnot receive receipts. I have the FP appointment tomorrow.
Thanks
No,
they did not ask us anything about any reciepts.U need to carry the ASC(FP) notice and photo identity.Thats all.!
goodluck,
vaishu
I received FP Notice, but didnot receive receipts. I have the FP appointment tomorrow.
Thanks
No,
they did not ask us anything about any reciepts.U need to carry the ASC(FP) notice and photo identity.Thats all.!
goodluck,
vaishu
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chanduv23
12-01 06:27 AM
Guys,
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
If you are moving to the Tri State Area - we will give you a red carpet welcome into our chapter :)
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
If you are moving to the Tri State Area - we will give you a red carpet welcome into our chapter :)
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gceb3holder
02-27 09:19 AM
Glus
That was exactly what I was looking for.
What happen if the employer fire me because the project I am working on finishes and they can't reallocate me right away? Or for any other reasons? Of course I will not push anything to be fired, but it is a situation that can happen, specially with IT.
Tks!
That was exactly what I was looking for.
What happen if the employer fire me because the project I am working on finishes and they can't reallocate me right away? Or for any other reasons? Of course I will not push anything to be fired, but it is a situation that can happen, specially with IT.
Tks!
eb3_nepa
03-16 09:42 AM
Is filing for 485 to get EAD etc really fraud? I mean it is their JOB to weed out the priority dates that are not current :). Besides if anyone is at fault it is the immigration lawyers.
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pd_recapturing
08-14 10:45 PM
How come most of the 2006 PD holders getting approved? I do not have any grudge against who have 2006 PD and got their AOS approved. I am just wondering as to what is making USCIS to choose only 2006 PD ? Definitely, the low hanging fruits theory does not seem to be working here. Anybody has any idea about that ? I am just frustrated.
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VMH_GC
08-09 06:52 PM
I went to a doctor who ripped me off big time. He charged $260 ( $100 Blood + 100 Physical + $60 TB skin test) and charged $330 for my wife( $100 Blood + 100 Physical + $60 TB skin test + $70 for urine) and he asked around $210 dollars/ head for three vaccinations ( MMR, tetanus and chicken pox). I did not get vaccinations from him. Then went to my primary physician for the shots(MMR, tetanus) and took blood test for chicken pox.
It took more than 10 days and it was very stressful experience. Is there a way i can make complain about this doctor?
It took more than 10 days and it was very stressful experience. Is there a way i can make complain about this doctor?
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GCard_Dream
11-30 09:39 PM
Some of you here know the immigration law much better than I do and I just have a quick question on the "ability to file 485" issue. When congress passes a law, not every little detail is spelled out and it's left up to the related government agency/department to implement/interpret the law and spell out every single implementation detail. Having said that, is the "Ability to file 485 only when PD is current" actually spelled out in the law or is it something how USCIS decided to implement the law? If the later is true, shouldn�t we try to convince USCIS to let everyone file I-485 regardless of the PD. I mean it�s a win-win situation. USCIS gets more revenue because you now have to renew your EAD every year and most of us will be very happy because we can make career/employer changes as necessary.
The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse�s career.
The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse�s career.
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canleo98
01-11 06:44 PM
As msp1976 pointed out above, attached your 140 receipt and ask for three year extension.
Can extension for H1B be applied for three or one year if Labor is approved under PERM in a week and I-140 is applied and pending for approval.
Can extension for H1B be applied for three or one year if Labor is approved under PERM in a week and I-140 is applied and pending for approval.
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ns007
02-13 12:40 PM
Could someone please explain what are the implication of taking big promotion (example: Consultant to Manager) when
1. Labor is pending
2. Labor is clear; but I-140 pending
3. I-140 clear; but I-485 pending for less than 6 months
4. I-140 clear; but I 485 pending for more than 6 months
thanks,
NS
1. Labor is pending
2. Labor is clear; but I-140 pending
3. I-140 clear; but I-485 pending for less than 6 months
4. I-140 clear; but I 485 pending for more than 6 months
thanks,
NS
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Leo07
10-21 04:36 PM
LOL...similar to yours?( except that you have chargeability:India)
I'm sure you've a valid reason..just could not resist the post.
You profile has no information...
I'm sure you've a valid reason..just could not resist the post.
You profile has no information...
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vshar
02-24 12:45 PM
This was always my wish since he started playing.
My another wish being an EB3-I
I am watching live ODI game on TV and Sachin is batting, me sitting on the couch going through the day's mail and BINGO!!! here is my GC. :)
My another wish being an EB3-I
I am watching live ODI game on TV and Sachin is batting, me sitting on the couch going through the day's mail and BINGO!!! here is my GC. :)
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vinabath
07-02 03:18 PM
USCIS taught me a lesson about life.
Never go by rules. Find shortcuts.
Never go by rules. Find shortcuts.
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meridiani.planum
10-01 11:58 PM
Folks
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11
... He has been told that salary will be paid for 3 months
Right now he is at home and looking for other offers and no H1b transfer has been started
Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP
thanks
Is the employer-employee relationship going to go on for 3 months? (ie. is he going to go to office, get paid at usual intervals etc)? If so, he is fine, he is in status. If he has been laid off, has no access to teh office anymore etc, then as far as H1-B goes, the employer-employee relationship has ended and he is out of status; he should transfer teh H1 asap.
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11
... He has been told that salary will be paid for 3 months
Right now he is at home and looking for other offers and no H1b transfer has been started
Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP
thanks
Is the employer-employee relationship going to go on for 3 months? (ie. is he going to go to office, get paid at usual intervals etc)? If so, he is fine, he is in status. If he has been laid off, has no access to teh office anymore etc, then as far as H1-B goes, the employer-employee relationship has ended and he is out of status; he should transfer teh H1 asap.
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gc_chahiye
10-26 04:08 PM
Can I fill AP directly instead of going thru the lawyer?
Thanks
yes! Include the copy of your 485 receipt inthe appplication.
EAD and AP are simple enough that you can apply/renew on your own without paying a lawyer.
Thanks
yes! Include the copy of your 485 receipt inthe appplication.
EAD and AP are simple enough that you can apply/renew on your own without paying a lawyer.
more...
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subarashi_indo
11-30 08:32 AM
I have a passport expiry and new visa stamping conflict. My last visa stamping expired on Oct 01, 2009. And my current (Indian)passport expiration date is July 04, 2011. Also, my H1b approval is under the transfer process (so I don't have the new I-797 as yet). I'm planning to travel to India sometime in January, expecting the new H1b approval soon now.
Should i get my passport renewed here before leaving for India ? I'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."
Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? I'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797?
Please advise.
Thank you.
Should i get my passport renewed here before leaving for India ? I'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."
Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? I'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797?
Please advise.
Thank you.
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jonty_11
02-05 02:43 PM
this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.
OK thx for the info.
OK thx for the info.
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Ramba
03-29 11:39 AM
techy,
you misunderstood. we do not want unlimited EB visas. What is important here is clear the backlogs. we need to present a workable, feasible demand to the lawmakers to achive our goal. Already they have given so many provisions in the bill to overcome the backlogs in EB catagory. However, the only hurdle in thses bills are the hard country quota. Terefore we need to have a strong as well as simple demand. We should not ask so many small small demands. It wont help, inturn it may harm.
By the way, I will be the most happiest person if they allow BS+5 years from numarical count in Eb2 catagory. I do not have MS and I have my 140 approved in EB2 with BS+5 yrs experience and I have nore than 10 years experience. But I still fell that this demand is too much.
If we achive all the current provisions and removal of country quota, then it will be lottery to all Indians and Chinese.
you misunderstood. we do not want unlimited EB visas. What is important here is clear the backlogs. we need to present a workable, feasible demand to the lawmakers to achive our goal. Already they have given so many provisions in the bill to overcome the backlogs in EB catagory. However, the only hurdle in thses bills are the hard country quota. Terefore we need to have a strong as well as simple demand. We should not ask so many small small demands. It wont help, inturn it may harm.
By the way, I will be the most happiest person if they allow BS+5 years from numarical count in Eb2 catagory. I do not have MS and I have my 140 approved in EB2 with BS+5 yrs experience and I have nore than 10 years experience. But I still fell that this demand is too much.
If we achive all the current provisions and removal of country quota, then it will be lottery to all Indians and Chinese.
JunRN
12-17 04:02 PM
Let me answer:
During your application for naturalization, USCIS will look at your old files and see if you work for the new employer (if AC21 is used) after getting the GC.
If you didn't send a Memo, then in the USCIS file, it will show the original petitioner as your employer.
If you send a Memo, then in USCIS file, it will show the new employer using AC21 as your employer.
What is the difference? USCIS will ask for proof on your naturalization application that you work for the employer (that is in their file) right after getting the GC.
If in USCIS file it shows the original petitioner and not the AC21 employer, then you cannot prove that you work for the original employer after getting the GC.
If in USCIS file it shows the AC21 employer, then you can prove that you work for the AC21 employer after getting the GC.
Remember that you must work for the employer for 180 days after getting the GC. The word "employer" means whatever is in USCIS file.
During your application for naturalization, USCIS will look at your old files and see if you work for the new employer (if AC21 is used) after getting the GC.
If you didn't send a Memo, then in the USCIS file, it will show the original petitioner as your employer.
If you send a Memo, then in USCIS file, it will show the new employer using AC21 as your employer.
What is the difference? USCIS will ask for proof on your naturalization application that you work for the employer (that is in their file) right after getting the GC.
If in USCIS file it shows the original petitioner and not the AC21 employer, then you cannot prove that you work for the original employer after getting the GC.
If in USCIS file it shows the AC21 employer, then you can prove that you work for the AC21 employer after getting the GC.
Remember that you must work for the employer for 180 days after getting the GC. The word "employer" means whatever is in USCIS file.
Escape_Velocity
04-10 12:48 PM
GC Struggle, I am not sure about your comments on "reactivated by filing an amendment with USCIS" to get back to H1B status after being employed with EAD. As per my understanding once you had utlized EAD then if one wants to go back to H1B then it is like a NEW H1B petition and NOT just claiming your old H1B. If possible could you pls provide a link to official document stating the approach suggested in your post.
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