mantagon
09-23 02:12 PM
to convince them by saying that if a person can legally work in the US, a fact they acknowledge, the person can very well study! I don't think there would be any law that explicitly states this because it seems to be illogical that someone can work legally in a country, but not study! The reverse makes sense and that's why there are explicit laws about that. Good luck!
drirshad
06-09 02:46 AM
Some countries require transit visa like UK for even changing flight but going through Germany do not require such a visa for EAD holders, you should contact the local consulate for B-1 holders.
Hope you have filed a Police report and got the pp based on it. Very sorry for your loss, wish you recover the stolen items before leaving for India.
Hope you have filed a Police report and got the pp based on it. Very sorry for your loss, wish you recover the stolen items before leaving for India.
h1bnogc
07-12 10:31 PM
Please respond to my question/options...this is very urgent and important given that PD is moving very fast....
gcnirvana
07-11 02:27 PM
Franklin, I just sent you a PM.
Hey guys
The Bay Area members need your help.
We are madly preparing flyers, banners, handouts, prepping attendees and filing permits, but WE NEED EVERYONE'S HELP!
We need volunteers from anywhere in the country to call up Bay Area members to rustle them into action and attend with us. We don't have the man power to do it all ourselves are getting overwhelmed organizing this.
Post here or PM me if you can make a few phone calls for us
Many thanks
Hey guys
The Bay Area members need your help.
We are madly preparing flyers, banners, handouts, prepping attendees and filing permits, but WE NEED EVERYONE'S HELP!
We need volunteers from anywhere in the country to call up Bay Area members to rustle them into action and attend with us. We don't have the man power to do it all ourselves are getting overwhelmed organizing this.
Post here or PM me if you can make a few phone calls for us
Many thanks
more...
tiger05
03-01 05:13 PM
Hi,
I am working for company A and I applied for H1 transfer to company B. They applied for premium processing on 25th and on 27th feb i got RFE.
RFE is
All payroll summaries (W-2 ) evidencing wages paid since you began work in H-1B status.
I came to US on 2006 feb, the attorney is submitting my W2s on monday. But my 2006 W2 is not good i have only 20K on 2006 W2, 2007 and 2008 W2S are good.
As my 2006 W2 is not good , does it effect my H1B transfer.
Please let me know your thoughts.
Thanks
I am working for company A and I applied for H1 transfer to company B. They applied for premium processing on 25th and on 27th feb i got RFE.
RFE is
All payroll summaries (W-2 ) evidencing wages paid since you began work in H-1B status.
I came to US on 2006 feb, the attorney is submitting my W2s on monday. But my 2006 W2 is not good i have only 20K on 2006 W2, 2007 and 2008 W2S are good.
As my 2006 W2 is not good , does it effect my H1B transfer.
Please let me know your thoughts.
Thanks
sandy_anand
08-11 02:06 PM
Good post, gave you green! Wish people would come forward to donate and/or volunteer.
more...
aadimanav
11-02 11:06 AM
exactly! this is almost a disaster for EB folks, most people dont realize that: they think the queue is getting smaller. The queue will remain the same, .
If you take out 61000 out of a queue the queue becomes smaller. It is as simple as that.
The thing is that you want to see from the point of view where you are standing in the queue. If there are no nurses ahead of you in the line (as Paskal mentioned that earlier 50,000 were recaptured), that doesn't mean there are no nurses behind you in the queue. Overall size of the the queue becomes smaller.
However, it would have been good if the recapture was for everyone (not just nurses). Something is better than nothing. No recapture is better than recapture for someone.
If you take out 61000 out of a queue the queue becomes smaller. It is as simple as that.
The thing is that you want to see from the point of view where you are standing in the queue. If there are no nurses ahead of you in the line (as Paskal mentioned that earlier 50,000 were recaptured), that doesn't mean there are no nurses behind you in the queue. Overall size of the the queue becomes smaller.
However, it would have been good if the recapture was for everyone (not just nurses). Something is better than nothing. No recapture is better than recapture for someone.
jcrajput
06-09 04:07 PM
Does anyone knows how is the visa stamping procedure in CANADA? Is it risky?
more...
immi_enthu
09-28 05:05 PM
That's the reason why they are now changing the receipt date to September even if you filed on July 2nd..
I think this is just their way of saying......give us another month.
They have already got around it. They ARE NOT receipting the applications on the actual date they receive them. They are stamping the received dates only when they 'enter' it into their system.
The receipt date on my receipt notice days July 2nd not September. The online one says September 7th. I have evedence by document from them that my application was received on July 2nd.
I think this is just their way of saying......give us another month.
They have already got around it. They ARE NOT receipting the applications on the actual date they receive them. They are stamping the received dates only when they 'enter' it into their system.
The receipt date on my receipt notice days July 2nd not September. The online one says September 7th. I have evedence by document from them that my application was received on July 2nd.
NKR
03-06 04:21 PM
Guys:
Everyone is talking EB2....what are the prospects for EB3 - India??
Is it going to move forward..??
Good Luck..??
2002
Well.. Everybody stopped talking about EB2. It is predicted that EB2 will be unavailable till Oct 2008 and after that nobody knows how EB2 dates are going to move.
As for EB3, there could be a small movement of 2 to 3 months, I do not think there will be any more movement than that.
Everyone is talking EB2....what are the prospects for EB3 - India??
Is it going to move forward..??
Good Luck..??
2002
Well.. Everybody stopped talking about EB2. It is predicted that EB2 will be unavailable till Oct 2008 and after that nobody knows how EB2 dates are going to move.
As for EB3, there could be a small movement of 2 to 3 months, I do not think there will be any more movement than that.
more...
desi3933
03-02 06:42 AM
Thanks for you valuable information.
My last entry was on Mar 2008. So as per your reply, even if i have less pay on my W2 for 2006 it wont effect my H1 transfer?
Kindly reply
Thanks
Tiger
As I said before, one needs to show that he/she is maintaining status since last entry only. Your attorney should know this.
____________________
Not a legal advice
US citizen of Indian origin
My last entry was on Mar 2008. So as per your reply, even if i have less pay on my W2 for 2006 it wont effect my H1 transfer?
Kindly reply
Thanks
Tiger
As I said before, one needs to show that he/she is maintaining status since last entry only. Your attorney should know this.
____________________
Not a legal advice
US citizen of Indian origin
mast_mastmunda
11-10 06:13 PM
Thanks again for the reply and wishes!!
Also sorry for another question as I forgot to mention this earlier.
My new H1B has more than 6 months of validity period.
One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???
Employer "A" I-797 receipt #:
EAC - XXX-XXXX
I-797 valid : 0ct' 2009
Employer "B" I-797 receipt #:
WAC - XXX-XXXX
I-797 valid: June' 2010
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
Appreciate your help!
Also sorry for another question as I forgot to mention this earlier.
My new H1B has more than 6 months of validity period.
One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???
Employer "A" I-797 receipt #:
EAC - XXX-XXXX
I-797 valid : 0ct' 2009
Employer "B" I-797 receipt #:
WAC - XXX-XXXX
I-797 valid: June' 2010
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
Appreciate your help!
more...
kshitijnt
06-28 05:57 PM
I have an expired H1 VISA stamp, but an approved h1 i797 form approved till 2013, but I am using my EAD to work.
Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?
Sorry to be a pain.
I am just trying to understand this properly.
I do not intend trouble.
Any replies that you guys are giving is very much appreciated.
Hi - I was in a similar situation as you:
In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.
In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.
No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.
Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?
Sorry to be a pain.
I am just trying to understand this properly.
I do not intend trouble.
Any replies that you guys are giving is very much appreciated.
Hi - I was in a similar situation as you:
In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.
In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.
No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.
milind70
04-01 06:05 PM
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
Here are some facts
1. Labor Substitution is not allowed as of mid 2007 .
2. You could have invoked AC21 and moved to company B on EAD after 180 days of filing of 485 rather than trying to file 140 on sub labor
3 I think you could talk to comapny B and ask them to hire you on job of same responsbilities as on your earlier labor.
I think it is better if you see and immigration attorney for advise on this issue.
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
Here are some facts
1. Labor Substitution is not allowed as of mid 2007 .
2. You could have invoked AC21 and moved to company B on EAD after 180 days of filing of 485 rather than trying to file 140 on sub labor
3 I think you could talk to comapny B and ask them to hire you on job of same responsbilities as on your earlier labor.
I think it is better if you see and immigration attorney for advise on this issue.
more...
justareader
10-08 08:10 PM
I would appreciate if someone can help me with a link to how to post this question as a new post. I do not want to hijack this thread :o
rahul98
07-17 07:07 PM
Great job IV..I am proud to be a part of IV.
Contributed $100...
Order Details - Jul 17, 2007 16:16 GMT-07:00
Google Order #10xxxxxxxxxxx3
Contributed $100...
Order Details - Jul 17, 2007 16:16 GMT-07:00
Google Order #10xxxxxxxxxxx3
more...
ganguteli
04-23 09:24 AM
Focus on your goal. Emotions may not take you there.
If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.
It is your choice. And yes you can file legal case against law firm. But then what?
Dude,
Stop having a fake profile with fake dates.
Fill a correct profile or not have any date in your profile.
You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.
Current GC Processing Stage
N/A
Priority Date
Before 2000
Green Card Category
EB2
Nationality
India
Country of Chargeability
India
Service Center
California
Labor Type
Regular
Perm Center
Atlanta
Labor Approval Date
01/04/2004
I140-I485 Concurrent Filing
Yes
I140 Mailed Date
08/02/2004
I140 Filing Type
Regular
July 2007 Filer
No
Adjustment of Status Application Type
Adjustment of Status (I-485)
Application Status
Approved
I485 Approval Date
08/06/2006
If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.
It is your choice. And yes you can file legal case against law firm. But then what?
Dude,
Stop having a fake profile with fake dates.
Fill a correct profile or not have any date in your profile.
You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.
Current GC Processing Stage
N/A
Priority Date
Before 2000
Green Card Category
EB2
Nationality
India
Country of Chargeability
India
Service Center
California
Labor Type
Regular
Perm Center
Atlanta
Labor Approval Date
01/04/2004
I140-I485 Concurrent Filing
Yes
I140 Mailed Date
08/02/2004
I140 Filing Type
Regular
July 2007 Filer
No
Adjustment of Status Application Type
Adjustment of Status (I-485)
Application Status
Approved
I485 Approval Date
08/06/2006
NKR
06-02 10:24 AM
Kaiser.
thx for replying . but I do not want both Visa on Oct1.
My L1 ends sometime in mid September.
My H1 would be effective only from Oct 1.
So, during this time I will be out of status right ?
So if I do my L1 Extension, I might solve the problem.
But Will doing that affect the approved H1 ?
Pls. help. thanks.
It does seem that you will be out of status in the interim period. Can you go to your country on a vacation, come back on H1 and start your new job afresh?. If you can then I suggest you do that, if not I suggest you consult an attorney.
thx for replying . but I do not want both Visa on Oct1.
My L1 ends sometime in mid September.
My H1 would be effective only from Oct 1.
So, during this time I will be out of status right ?
So if I do my L1 Extension, I might solve the problem.
But Will doing that affect the approved H1 ?
Pls. help. thanks.
It does seem that you will be out of status in the interim period. Can you go to your country on a vacation, come back on H1 and start your new job afresh?. If you can then I suggest you do that, if not I suggest you consult an attorney.
GC Struggle
03-10 11:02 AM
Don’t worry… there is an option to contest the decision.. you could use an MTR.. Hope the below info helps
ALL Gurus,
My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.
Issue Details:
1) Applied GC EB2-RIR on JAN 2005
2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
3) Received EAD and AP for both myself and my Wife.
2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
3) Responded to RFE with mentioned documents on Jan 30th 2008
4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
6) My wife is on H1b Visa.
Questions based on my Issue:
1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If so please advice on how to retain my status.
Apply for an MTR as soon as you receive your denial notice. You get abt 30 days to file for an MTR.. and based on the MTR receipt notice you can get your extension
2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
3) Can I apply for a new Labor (PERM)? If YES:
1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?
First of all apply for an MTR and based on the reason for denial decide the future course of action (if you the reason for denial is education.. then you might face the same problem with the new employee)
4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?
Use a good attorney... Using a company might hamper your MTR process as these guys hide a lot of factual information. Yes there is a possibility for requesting to change the category of the case
5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?
No idea on this..
I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.
Apply for an MTR and at the same time apply for a new LC because an MTR can take anywhere between 3 – 18 months
ALL Gurus,
My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.
Issue Details:
1) Applied GC EB2-RIR on JAN 2005
2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
3) Received EAD and AP for both myself and my Wife.
2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
3) Responded to RFE with mentioned documents on Jan 30th 2008
4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
6) My wife is on H1b Visa.
Questions based on my Issue:
1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If so please advice on how to retain my status.
Apply for an MTR as soon as you receive your denial notice. You get abt 30 days to file for an MTR.. and based on the MTR receipt notice you can get your extension
2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
3) Can I apply for a new Labor (PERM)? If YES:
1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?
First of all apply for an MTR and based on the reason for denial decide the future course of action (if you the reason for denial is education.. then you might face the same problem with the new employee)
4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?
Use a good attorney... Using a company might hamper your MTR process as these guys hide a lot of factual information. Yes there is a possibility for requesting to change the category of the case
5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?
No idea on this..
I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.
Apply for an MTR and at the same time apply for a new LC because an MTR can take anywhere between 3 – 18 months
TheCanadian
01-01 10:27 PM
What about AS1?
hbk
04-14 07:57 PM
Hello,
I have applied for H1B Extension for 3 years based on I-140 approval at VSC under premium processing.
Just want to know that I have submiited following documents along with it, are they sufficient/enough to get approval?
1. Resume
2. Master's mark sheets,Degree & Transcript
3. Bachelor's Mark Sheets,Degree & Transcript
4. Previous H1B Approval Copies
5. Old & New passport copies
6. I-94 Copy (Front & Back)
7. Client Letter with resposiblities,role,technologies & project details (without end date)
8. Business card for me from client
9. Business card for Client Manaager
10. Vendor Letter with resposiblities & project details (stating that can't provide contract papers between vendor & client due to client's policy)
11. Last six months pay checks.
12. Last three years W2’s (2007, 2008, 2009)
13. Copy of I-140(EB-2) Approval notice
14. SSN Copy
15. Driver License Copy
16. Degree evaluation report
17. Contract papers between employer & vendor (not purchase/work order)
18. Employment Offer Letter between Employer and Employee
Model : Employer(Consulting) --> Vendor --> Client
Working for this client from last 20 months.
Above documents are enough to get approval ?
What are the chances of RFE?
What are the chances of approval without & with RFE ?
I will greatly appreciate your response.
Thanks.
I have applied for H1B Extension for 3 years based on I-140 approval at VSC under premium processing.
Just want to know that I have submiited following documents along with it, are they sufficient/enough to get approval?
1. Resume
2. Master's mark sheets,Degree & Transcript
3. Bachelor's Mark Sheets,Degree & Transcript
4. Previous H1B Approval Copies
5. Old & New passport copies
6. I-94 Copy (Front & Back)
7. Client Letter with resposiblities,role,technologies & project details (without end date)
8. Business card for me from client
9. Business card for Client Manaager
10. Vendor Letter with resposiblities & project details (stating that can't provide contract papers between vendor & client due to client's policy)
11. Last six months pay checks.
12. Last three years W2’s (2007, 2008, 2009)
13. Copy of I-140(EB-2) Approval notice
14. SSN Copy
15. Driver License Copy
16. Degree evaluation report
17. Contract papers between employer & vendor (not purchase/work order)
18. Employment Offer Letter between Employer and Employee
Model : Employer(Consulting) --> Vendor --> Client
Working for this client from last 20 months.
Above documents are enough to get approval ?
What are the chances of RFE?
What are the chances of approval without & with RFE ?
I will greatly appreciate your response.
Thanks.
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