dingudi
03-09 03:34 PM
Circumvent a visa does not = with the fact that one's H1 visa petition is pending for long and uses AP to re-enter. There is nothing wrong with this. Entering on AP instead on H1 is not 'circumventing visa.' Once he receives an email that his H1 can be issued, he can go back, get h1 and re-enter without any issues.
Please go through the following thread. This is recent:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=1571077951
Please note ravel's experience with consulate in regards to travel on AP in case H1b visa is pending. This is coming straight from VO at the consulate.
Please go through the following thread. This is recent:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=1571077951
Please note ravel's experience with consulate in regards to travel on AP in case H1b visa is pending. This is coming straight from VO at the consulate.
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21stIcon
05-04 01:07 PM
I've been monitoring BEC&PERM for the past 30 days and delved deeper on all labor processing thread, but found none on denials of conversion, please point out some reference URLs for PERM conversion denials that would be helpful.
surge
02-16 10:38 AM
HI Surge
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.
not really, but close.
i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.
not really, but close.
i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.
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milind70
04-07 05:28 PM
sam_gc,
Thanks for the response! Fear and hope compete against each other in this dilemma! Seems like the decision rests with the IO whenever she enters next time.
There is a provision for extending B2 visa. If they dont allow, they wouldnt have it in the first place. I understand getting Immigration benefit is a privilege and not a right! The question is how to balance our needs without overreaching it!
Rgds,
gcisadawg
There is a provision but need complelling reasons for extension of stay over six months at a strech on B2. The odds are high that they may have trouble getting a six month stay the next time around.What happened in a rare case with other should not be taken as precendence.It depends from situation to sitatuon and is at discretion of IO at POE.
Thanks for the response! Fear and hope compete against each other in this dilemma! Seems like the decision rests with the IO whenever she enters next time.
There is a provision for extending B2 visa. If they dont allow, they wouldnt have it in the first place. I understand getting Immigration benefit is a privilege and not a right! The question is how to balance our needs without overreaching it!
Rgds,
gcisadawg
There is a provision but need complelling reasons for extension of stay over six months at a strech on B2. The odds are high that they may have trouble getting a six month stay the next time around.What happened in a rare case with other should not be taken as precendence.It depends from situation to sitatuon and is at discretion of IO at POE.
more...
wandmaker
04-04 01:52 PM
wandmaker, I understand that the 485 as it is filed now stands to be denied. But if I can get back on h4 and withdraw current 485 and refile new 485, then why would there be a issue? As I understand, 485 is to be filed while in valid status. It is not 'until' but 'while'.
Also, do you think Consular processing might be a better option instead of 485?
Your understanding is correct, you can refile 485 after you make a lawful entry using H4 and you will have check YES to the question "Have you ever before applied for permanent resident status in the US?" and need to write details..... Get opinions from more than one attorney - thats my 2 cents.
Also, do you think Consular processing might be a better option instead of 485?
Your understanding is correct, you can refile 485 after you make a lawful entry using H4 and you will have check YES to the question "Have you ever before applied for permanent resident status in the US?" and need to write details..... Get opinions from more than one attorney - thats my 2 cents.
anilsal
09-15 10:03 PM
the ones I meet in DC. The ones I currently have, who did not make it to DC in spite of being aware about it, will no longer have me as a friend.
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gc_in_30_yrs
09-12 08:15 PM
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.
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needhelp!
05-15 06:10 PM
Please make those calls NOW and take the poll on this thread:
http://immigrationvoice.org/forum/showthread.php?t=19113
Folks,
Please call the below selected members from CHC. There are reasons why we should NOT be calling every one in the CHC. The members we have to target from CHC and their corresponding numbers are listed below.
Tell them that you would like to talk to some one who handles immigration/legal matters, If forwarded to voice mail, leave a VM. If the VM is full, you can get back to the main line by pressing 0 and then leave a message with them.
The message you have to deliver when calling these offices is
I would like Representative "Representative Name" to co sponsor bills HR 5882, HR 5921 and HR 6039, sponsored by Zoe Lofgren. Both of these bills have wide bipartisan support in the house and will help reduce the back logs associated with USCIS. These bills are a great first step towards immigration reform.
DO NOT GET INTO THE LEGAL/ILLEGAL DISCUSSION WITH STAFF MEMBERS
Only if the staff member bring up the issue of CIR, in that case say that -
In the past we have been supporting Comprehensive approach and still continue to support comprehensive approach and we look for our our main issues to be addressed whenever comprehensive bill is passed. However, this is is just an interim fix to begin or start the immigration reform process.
.
Ruben Hinojosa
phone: 202-225-2531
Hilda Solis
202 225 5464
Ciro Rodriguez
202 225 4511
Lucille Roybal-Allard
202 225 1766
Raul grijalva
ph (202) 225-2435
Charles Gonzalez
Phone: (202)225-3236
Dennis Cardoza
(202) 225-6131
Jim Costa
(202)225-3341
Henry Cuellar
phone: 202-225-1640
Senator Robert Menendez
202 224 4744
http://immigrationvoice.org/forum/showthread.php?t=19113
Folks,
Please call the below selected members from CHC. There are reasons why we should NOT be calling every one in the CHC. The members we have to target from CHC and their corresponding numbers are listed below.
Tell them that you would like to talk to some one who handles immigration/legal matters, If forwarded to voice mail, leave a VM. If the VM is full, you can get back to the main line by pressing 0 and then leave a message with them.
The message you have to deliver when calling these offices is
I would like Representative "Representative Name" to co sponsor bills HR 5882, HR 5921 and HR 6039, sponsored by Zoe Lofgren. Both of these bills have wide bipartisan support in the house and will help reduce the back logs associated with USCIS. These bills are a great first step towards immigration reform.
DO NOT GET INTO THE LEGAL/ILLEGAL DISCUSSION WITH STAFF MEMBERS
Only if the staff member bring up the issue of CIR, in that case say that -
In the past we have been supporting Comprehensive approach and still continue to support comprehensive approach and we look for our our main issues to be addressed whenever comprehensive bill is passed. However, this is is just an interim fix to begin or start the immigration reform process.
.
Ruben Hinojosa
phone: 202-225-2531
Hilda Solis
202 225 5464
Ciro Rodriguez
202 225 4511
Lucille Roybal-Allard
202 225 1766
Raul grijalva
ph (202) 225-2435
Charles Gonzalez
Phone: (202)225-3236
Dennis Cardoza
(202) 225-6131
Jim Costa
(202)225-3341
Henry Cuellar
phone: 202-225-1640
Senator Robert Menendez
202 224 4744
more...
nrakkati
08-15 02:23 PM
Is your packet is signed by R.Williams? where is your I-140 approved? and what is your PD?
I-140 approved at NSC
PD is OCT EB3
I-140 approved at NSC
PD is OCT EB3
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ohguy
09-27 08:56 AM
As your applications in pending in the local office. Get the Infopass appointment at the same office sooner if not later.
Thanks for the advice. I appreciate your insight.
I am going all in now.
1. I will call the Customer Service Line tomorrow.
2. I already got the InfoPass for 10/6
3. The letter for my senator is drafted. It will be sent tomorrow.
4. Finally, an email to the Ombudsman has been sent.
Hopefully, there is be some movement.
Thanks for the advice. I appreciate your insight.
I am going all in now.
1. I will call the Customer Service Line tomorrow.
2. I already got the InfoPass for 10/6
3. The letter for my senator is drafted. It will be sent tomorrow.
4. Finally, an email to the Ombudsman has been sent.
Hopefully, there is be some movement.
more...
jsb
11-28 01:19 PM
Fee : $305.00
Applied on line, printed the form.
Attached the following and sent them to USCIS
1) 485 - copy.
2) Old APs 2 - Copies.
3) Cover letter explaining that I need to visit my parents as they are old.
4) DL - Copy.
5) Photos : 2 (write A# and name back of them) (I forgot to send the photos with the application)
I forgot to attach the photos and got RFE, sent photos and approved yesterday. Waiting for the physical copy.
Item (3) the cover letter, is not required, but there is no harm to include one. Besides that include photo page of your passport (to confirm you are who you say you are) help speed up the process.
Applied on line, printed the form.
Attached the following and sent them to USCIS
1) 485 - copy.
2) Old APs 2 - Copies.
3) Cover letter explaining that I need to visit my parents as they are old.
4) DL - Copy.
5) Photos : 2 (write A# and name back of them) (I forgot to send the photos with the application)
I forgot to attach the photos and got RFE, sent photos and approved yesterday. Waiting for the physical copy.
Item (3) the cover letter, is not required, but there is no harm to include one. Besides that include photo page of your passport (to confirm you are who you say you are) help speed up the process.
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p_kumar
02-27 12:16 PM
Ok, since your GC has been approved, it is not true you need to wait 180 days. There is nothing in the law that says that. What is true is something different. When you received your GC through your employer, the presumption is that you will remain with this employer for a long time to come as it was a permanent job offer position. Of course, under some circumstances, it is possible you can't work for the same employer any longer; for instance, the company is closing etc. But, if you receive a GC and you voluntarily leave your employer immediately or after a few months, you MAY have issues during naturalization. At that time your application can be scrutinized whether or not you really was going to work for the employer who sponsored you. I've seen this happening several times. If you left voluntarily after a short period of time, the USCIS may say it was fraud and you never intended to work for your sponsor. So, in general, it is advisable to remain with the original sponsor for some time. Some attorneys say 1 year is enough, some say 2 years is enough and some say 6 months is enough. It is up to you. The law does not specify what the period is, but be logical and careful about this. You can hold 5 jobs, but I would suggest to stay with your current employer for as long as possible. Think forward, and not backward.
Hope this makes sense.
You have seen applications being scrutinized for employment history at the time of naturalization?. can you please provide elaborate and provide examples?. Otherwise dont scare people unnecessarily.:mad:
Hope this makes sense.
You have seen applications being scrutinized for employment history at the time of naturalization?. can you please provide elaborate and provide examples?. Otherwise dont scare people unnecessarily.:mad:
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senthil
05-18 01:41 PM
one way to see IV's friendly faces ....
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gc4me
07-30 11:50 AM
I guess you meant 'Spouse related difficult GC question'. :D
I liked the joke.. the title originally was: "Difficult Spouse related GC question" ;)
I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.
Thanks for the input.
I liked the joke.. the title originally was: "Difficult Spouse related GC question" ;)
I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.
Thanks for the input.
more...
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maacho
02-13 02:05 PM
IV fluid for ur greencard ;)
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dotsndots
05-06 02:55 AM
Folks,
I received a Transfer notice today for both me and my wife suggesting that our I-485 petitions have been transferred to the local USCIS office. Below is the exact message.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On April 30, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LOS ANGELES, CA location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our LOS ANGELES, CA location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
From what I could find through browsing through various forums is that usually one ends up getting an interview when this happens. Does anybody have any other thoughts? or has anybody received a similar notice recently?
Just get ready for an in person interview at local office.
I received a Transfer notice today for both me and my wife suggesting that our I-485 petitions have been transferred to the local USCIS office. Below is the exact message.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On April 30, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LOS ANGELES, CA location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our LOS ANGELES, CA location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
From what I could find through browsing through various forums is that usually one ends up getting an interview when this happens. Does anybody have any other thoughts? or has anybody received a similar notice recently?
Just get ready for an in person interview at local office.
more...
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makemygc
07-12 12:04 PM
I don't believe so.
Only H1 transfers have no cap, apart from non-profits.......
Isn't?
This is really news to me. I thought once you switch to H4 from H1, your H1 is gone. To come back on H1, you have to re-apply which will be subjected to cap.
Are you sure on this? If this is true, this can be really helpful for some folks.
Only H1 transfers have no cap, apart from non-profits.......
Isn't?
This is really news to me. I thought once you switch to H4 from H1, your H1 is gone. To come back on H1, you have to re-apply which will be subjected to cap.
Are you sure on this? If this is true, this can be really helpful for some folks.
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EkAurAaya
03-19 06:43 PM
no ones ever sold a house on H1B or EAD? :confused:
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GCEB2
09-20 11:06 PM
Thanks for the info. how about areas like simivalley, santa clarita, do you get houses for 300 to 350 and
And also around bay area- san roman, liver moore are they good neighbourhood. Also which has more jobs in datawarehousing is it LA or bayarea.
And also around bay area- san roman, liver moore are they good neighbourhood. Also which has more jobs in datawarehousing is it LA or bayarea.
maverick13
04-19 07:18 PM
My H1B was filed with job title "RF Engineer" which comes under "Electrical Engineering" in 2004. My first 3-year term on H1 expires this year end and employer needs to file for renewal for next 3-year term.
My LC as well as 140 were applied and are approved for the position of "Electronics Engineer" which is my current position.
Essentially Electronics Engineer position is a superset of RF Engineer/Electrical Engineer positions, job duties are pretty much the same.
So now when I apply for my H1B renewal/extension does employer have to write the current position (Electronics engr) or the position on which H1B was filed first (RF engr)?
Any inputs appeciated...
My LC as well as 140 were applied and are approved for the position of "Electronics Engineer" which is my current position.
Essentially Electronics Engineer position is a superset of RF Engineer/Electrical Engineer positions, job duties are pretty much the same.
So now when I apply for my H1B renewal/extension does employer have to write the current position (Electronics engr) or the position on which H1B was filed first (RF engr)?
Any inputs appeciated...
gcseeker28
07-27 09:19 PM
hibnogc
This is also one of the questions I have. So, did you contest the denial request and are you currently working?
This is also one of the questions I have. So, did you contest the denial request and are you currently working?
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