fromnaija
10-20 11:31 AM
but what happens if you have a labor cleared from backlog and then it got stuck in I 140. Now you need a perm labor. will it get cancelled. Can it get tracked back to approved labor from BEC.
The cancellation of second application applies to PERM only.
The cancellation of second application applies to PERM only.
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sandy_anand
01-23 01:31 PM
Thank You for this link, and again how about people who already applied I-140 and waiting years for applying Adjustment of Status, they should find a way for that, they are still considered as H1 Visa holders, and when they go for an extension, they treat them in the same category of people who just applied labor and waiting.
Some where by Oct 2009 USCIS were planning to have a Pre-Registration before applying I-485 so that all the I-140 approved folks can get EAD and AP. And before I-485 the case will be properly abjudicated. so finally they can do fingerprints and GC.
Any one have update on this?
The USCIS has put this off until June 2010.
Some where by Oct 2009 USCIS were planning to have a Pre-Registration before applying I-485 so that all the I-140 approved folks can get EAD and AP. And before I-485 the case will be properly abjudicated. so finally they can do fingerprints and GC.
Any one have update on this?
The USCIS has put this off until June 2010.
reddymjm
06-29 05:28 PM
I sent the email to: NCSCFollowup.Nsc@dhs.gov
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jsquare
10-22 10:09 AM
I have been working on H1B for 4 years. My wife is doing her masters and working on her EAD (Co-Op). We want to invite her parents on visitor visa for her graduation in December. Her brother is a green card holder who has been in US for little over a year now. Our dilemma is whether we should sponsor her parents or should her brother sponsor them. Since they will be coming here for my wife's graduation, we thought it would be less confusing at the interview if we sponsored them. However, I am thinking that the consulate officer may ask them the reason for their son-in-law sponsoring for their visa instead of their son. What should be a proper response to this question?
If anybody has gone through similar situation, please share your experience.
Thanks
On the basis of you wife's graduation, you are inviting your wife's parents. So you need to show invitation letter from collage/school (if possible) and sufficient fund in your account...that is all ...be prapare to answer if they ask the reason for their son-in-law sponsoring for their visa instead of their son.
If anybody has gone through similar situation, please share your experience.
Thanks
On the basis of you wife's graduation, you are inviting your wife's parents. So you need to show invitation letter from collage/school (if possible) and sufficient fund in your account...that is all ...be prapare to answer if they ask the reason for their son-in-law sponsoring for their visa instead of their son.
more...
franklin
07-16 07:37 PM
Let's work on a 1-2 page "Rally/Event Organization Handbook" or checklist of sorts to make it easier for others across the country to do such rallies.
While we're at it, throw in a MS Project template as well.... OK, getting ahead of myself, but seriously the handbook/checklist is doable and worth doing, will be appreciate by many long after this thread dies out.
jazz
We are working on it :)
While we're at it, throw in a MS Project template as well.... OK, getting ahead of myself, but seriously the handbook/checklist is doable and worth doing, will be appreciate by many long after this thread dies out.
jazz
We are working on it :)
transpass
07-29 01:40 PM
Chennai consulate.Counted 14 interviews (assuming employment interviews are E2)
http://chennai.usconsulate.gov/uploa...ppoint0808.pdf
Chennai Consulate....14 E2s
Mumbai Consulate ....27 E2s + 2 E1s = 29 Total
http://chennai.usconsulate.gov/uploa...ppoint0808.pdf
Chennai Consulate....14 E2s
Mumbai Consulate ....27 E2s + 2 E1s = 29 Total
more...
gc28262
04-30 08:52 PM
There are strong indications (but nothing fully confirmed) that Sen. Grassley will be taking the ranking member slot at Judiciary, and of course relinquish his ranking member position at Finance.
Wasn't this the post held by Mr Steve King ? If so, it won't make much difference.
Wasn't this the post held by Mr Steve King ? If so, it won't make much difference.
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chanduv23
09-16 12:31 PM
Huge lawfirms have showed support and have reaffirmed that this is necessary and essential to see legislative changes.
Everyone I have talked to have voiced full support
My parents back in India
My wife and unborn kid
My boss at client place
My employer
My Lawyer - she has also done her part by spreading message to all her clients
My wife's collegues doing residency - distributed flyers in their hospital
My personal friends who have been here for long time
My Aunt who I keep updating on these things
EVERYONE HAVE VOICED EXCELLENT SUPPORT
It is upto us now - to keep it up and show what we can do
SO LETS ALL JOIN THESE BEAUTIFUL KIDS
Everyone I have talked to have voiced full support
My parents back in India
My wife and unborn kid
My boss at client place
My employer
My Lawyer - she has also done her part by spreading message to all her clients
My wife's collegues doing residency - distributed flyers in their hospital
My personal friends who have been here for long time
My Aunt who I keep updating on these things
EVERYONE HAVE VOICED EXCELLENT SUPPORT
It is upto us now - to keep it up and show what we can do
SO LETS ALL JOIN THESE BEAUTIFUL KIDS
more...
number30
03-02 12:06 PM
If you leave the country, your pending application is deemed abandon. You have already spent money on the H4 application. You need to decide if u want to stay and wait to know the application status or go home and speed up the process.
I was told that Interview in India regarding TVU was same as here what ICE is asking by coming the students home in USA. I heard from my SIL that some of the F1 to H4 conversions in the consulate went well without issues. But again every case is unique...so you need to decide.
If she has valid H4 stamping they can just exit and enter. It is better to re-enter with new I-94 whether you go for stamping or not. It clears lot of questions in later stages.
I was told that Interview in India regarding TVU was same as here what ICE is asking by coming the students home in USA. I heard from my SIL that some of the F1 to H4 conversions in the consulate went well without issues. But again every case is unique...so you need to decide.
If she has valid H4 stamping they can just exit and enter. It is better to re-enter with new I-94 whether you go for stamping or not. It clears lot of questions in later stages.
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03-08 02:20 PM
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suriajay12
04-12 03:27 PM
Count me in for the campaign and individual contribution. Admins here dont seem to bother about this bill. I sought help from IV a few times back but no one replied.
May be we should just send letters personally.
I'm in.
May be we should just send letters personally.
I'm in.
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buckeye123
11-28 10:59 AM
I totally agree with Jaime ...
i see " 150 days no ead"
"H1B expIRED "
crap crap crap .
Very Soon we will see " My wife leaving me ...what will happen to my GC"
Most of them are from weak minds & heart ..& Selfish ..
What about this post ?
http://immigrationvoice.org/forum/showthread.php?p=198830#post198830
Tolerance is imporant... Tolerance is important for a vibrant society...
i see " 150 days no ead"
"H1B expIRED "
crap crap crap .
Very Soon we will see " My wife leaving me ...what will happen to my GC"
Most of them are from weak minds & heart ..& Selfish ..
What about this post ?
http://immigrationvoice.org/forum/showthread.php?p=198830#post198830
Tolerance is imporant... Tolerance is important for a vibrant society...
more...
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jelo
03-07 09:50 AM
http://www.uscis.gov/propub/DocView/slbid/1/2/31?hilite=
http://www.cbp.gov/xp/cgov/travel/id_visa/legally_admitted_to_the_u_s.xml
http://www.cbp.gov/xp/cgov/travel/id_visa/legally_admitted_to_the_u_s.xml
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msp1976
02-02 10:05 PM
I have no hope that the retrogression will end.
Does anyone know what the law states? What INS states? Or what the lawyers say?????
I would appreciate it. I got some calculations to do (like, how do I pack my bags, how many bags to pack , when to pack etc..........)
These are some leads for you questions....I would try to find some concrete URL but this a thousands of lines of goobledegook....
http://www.law.cornell.edu/uscode/
http://uscode.house.gov/search/criteria.shtml
Please donot dispair...You are not alone.....Try to use your time constructively and we are all in this together...
At the bottom of this article there is information about your questions...
http://www.usvisahelp.com/art_AC21.html
Seventh Year Extension of H-1B Status
Third, AC21 also creates the possibility for aliens to extend their stay in H-1B status beyond the traditional 6-year maximum. Most H-1B holders are admitted for an initial period of 3 years and are eligible for one 3-year extension of stay, for a maximum period of 6 years in H-1B status. However, sections 104(c) and 106(a) of AC21 permits H-1B holders to extend their nonimmigrant status in past the 7th year.
1. Extensions in One Year Increments Under AC21 106(a)
Section 106(a) of AC21 permits extensions of H-1B status past the 6th year in one-year increments if 365 days have elapsed since either:
(1) a labor certification was filed on the alien’s behalf; or
(2) a labor certification application is not required and an immigrant petition was filed on the alien’s behalf under 204(b).
These extensions are permitted in one-year increments until a final decision is made on the alien’s lawful permanent residence.
Certain types of I-140 petitions require that a labor certification application be filed with the Department of Labor (e.g. for skilled or unskilled labor), while others, such as Multinational Manager petitions or National Interest Waiver petitions, do not. I-360 petitions for Religious Workers do not require labor certifications either. Aliens who are currently in H-1B nonimmigrant status, and on whose behalf an I-360 Religious Worker immigrant petition has been filed can take advantage of the 7th (and subsequent)- year extension provision of AC21 if all other conditions are met.
Additional issues may arise for the dependent (H-4) family members of aliens who extend their H-1B status for 7th and subsequent years under AC21. Generally, an alien’s eligibility for dependent status hinges on whether the principal status holder is maintaining status. Therefore, according to a June 19, 2002 INS memo, where an H-1B nonimmigrant extends his stay past the traditional 6-year maximum, his dependent family members may also extend their stay.
2. Extensions in Three Year Increments Under AC21 104(c)
Section 104(c) of AC21 permits extensions of H-1B status past the 6th year in three-year increments where:
(1) An I-140 petition has been approved on the beneficiary's behalf; and
(2) The beneficiary is unable to obtain permanent residence because a visa number is unavailable.
These extensions are permitted in three-year increments until the alien's application for adjustment of status has been processed and a decision made thereon.
Does anyone know what the law states? What INS states? Or what the lawyers say?????
I would appreciate it. I got some calculations to do (like, how do I pack my bags, how many bags to pack , when to pack etc..........)
These are some leads for you questions....I would try to find some concrete URL but this a thousands of lines of goobledegook....
http://www.law.cornell.edu/uscode/
http://uscode.house.gov/search/criteria.shtml
Please donot dispair...You are not alone.....Try to use your time constructively and we are all in this together...
At the bottom of this article there is information about your questions...
http://www.usvisahelp.com/art_AC21.html
Seventh Year Extension of H-1B Status
Third, AC21 also creates the possibility for aliens to extend their stay in H-1B status beyond the traditional 6-year maximum. Most H-1B holders are admitted for an initial period of 3 years and are eligible for one 3-year extension of stay, for a maximum period of 6 years in H-1B status. However, sections 104(c) and 106(a) of AC21 permits H-1B holders to extend their nonimmigrant status in past the 7th year.
1. Extensions in One Year Increments Under AC21 106(a)
Section 106(a) of AC21 permits extensions of H-1B status past the 6th year in one-year increments if 365 days have elapsed since either:
(1) a labor certification was filed on the alien’s behalf; or
(2) a labor certification application is not required and an immigrant petition was filed on the alien’s behalf under 204(b).
These extensions are permitted in one-year increments until a final decision is made on the alien’s lawful permanent residence.
Certain types of I-140 petitions require that a labor certification application be filed with the Department of Labor (e.g. for skilled or unskilled labor), while others, such as Multinational Manager petitions or National Interest Waiver petitions, do not. I-360 petitions for Religious Workers do not require labor certifications either. Aliens who are currently in H-1B nonimmigrant status, and on whose behalf an I-360 Religious Worker immigrant petition has been filed can take advantage of the 7th (and subsequent)- year extension provision of AC21 if all other conditions are met.
Additional issues may arise for the dependent (H-4) family members of aliens who extend their H-1B status for 7th and subsequent years under AC21. Generally, an alien’s eligibility for dependent status hinges on whether the principal status holder is maintaining status. Therefore, according to a June 19, 2002 INS memo, where an H-1B nonimmigrant extends his stay past the traditional 6-year maximum, his dependent family members may also extend their stay.
2. Extensions in Three Year Increments Under AC21 104(c)
Section 104(c) of AC21 permits extensions of H-1B status past the 6th year in three-year increments where:
(1) An I-140 petition has been approved on the beneficiary's behalf; and
(2) The beneficiary is unable to obtain permanent residence because a visa number is unavailable.
These extensions are permitted in three-year increments until the alien's application for adjustment of status has been processed and a decision made thereon.
more...
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absaarkhan
02-11 11:19 AM
When we Use AC21 and Join a New Employer after your I-140 is Approved.
USCIS will NOT Look at the "Ability To Pay" of the future employer.
This has been Clearly specified in the AC21 Memos.
You Can google this and read about the Ability To Pay situation.
I think it is still there on the Murthy's website.
I believe this is only true when you are still with the same employer..
When you invoke AC21 and change employers, I believe I-485 can be denied on the basis of "Ability to pay" because now its the new employers liability to pay you after the GC is approved..If USCIS thinks that they cannot pay you, then they can deny your I-485....
USCIS will NOT Look at the "Ability To Pay" of the future employer.
This has been Clearly specified in the AC21 Memos.
You Can google this and read about the Ability To Pay situation.
I think it is still there on the Murthy's website.
I believe this is only true when you are still with the same employer..
When you invoke AC21 and change employers, I believe I-485 can be denied on the basis of "Ability to pay" because now its the new employers liability to pay you after the GC is approved..If USCIS thinks that they cannot pay you, then they can deny your I-485....
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kedar_007
11-07 01:05 PM
I had one Question about AP and EAD.
My H1B stamp on passport expired a few yrs back. I have an approved I797 valid till April 2008. Can I travel on this AP and come back and be on H1B? Do I have to use EAD(once I come back from India) if I use AP?
My H1B stamp on passport expired a few yrs back. I have an approved I797 valid till April 2008. Can I travel on this AP and come back and be on H1B? Do I have to use EAD(once I come back from India) if I use AP?
more...
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GC_ASP
09-28 11:23 AM
I heard using AP invalidates the H1B. Are sure you can use your H1B even you enetr the country on AP.
Best thing is to maintain H visa. Keep EAD as your triump card. Incase your H gets withdrawn or you lose job and dont find something on H1. Have AP for travel so that you dont need a stamp. IF you use AP it wont impact your H1 also.
This is my plan:
Maintain H1b as long as poss.
Use AP for travel until you get your GC.
IF you have a good job oppourtunity which is only poss through EAD or during crisis when you lose your job and not getting any job without EAD use your EAD.
Best thing is to maintain H visa. Keep EAD as your triump card. Incase your H gets withdrawn or you lose job and dont find something on H1. Have AP for travel so that you dont need a stamp. IF you use AP it wont impact your H1 also.
This is my plan:
Maintain H1b as long as poss.
Use AP for travel until you get your GC.
IF you have a good job oppourtunity which is only poss through EAD or during crisis when you lose your job and not getting any job without EAD use your EAD.
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nortam1
04-11 12:58 PM
I've also had plenty of LUDS since 140 approval on both 140 and 485 but the last one (b4yesterday) was on Dec -2007. Just find it curious that they touched it yesterday, the day b4 rumours of my PD become current are abound... ;-)
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bkshres
01-02 01:16 PM
By the way, is there anywhere in USCIS that mention about I-94 and pending I-485?
Why I am asking is when we goto travel.gov, it says our status is determined by validity of I-94. So, I am looking for any official document if possible like this one http://travel.state.gov/visa/temp/info/info_1298.html
Why I am asking is when we goto travel.gov, it says our status is determined by validity of I-94. So, I am looking for any official document if possible like this one http://travel.state.gov/visa/temp/info/info_1298.html
mugwump
12-12 09:58 AM
You can submit a regular application along with documentations for evidence, photos plus the application fees (money order).
Once you get the FBI clearance send it to NYC (Canadian Immigration Center) along with the above mentioned documents and wait for your Visa Interview...
i sent everything to Buffallo, NY. I dont think they accept immigrant applications at the NYC consulate
Once you get the FBI clearance send it to NYC (Canadian Immigration Center) along with the above mentioned documents and wait for your Visa Interview...
i sent everything to Buffallo, NY. I dont think they accept immigrant applications at the NYC consulate
snathan
04-18 12:35 PM
Nice Work sphere41...
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