gxtrader
08-17 02:27 PM
HOW your answer relates to my question?
Think, deside and do and don't think again! But Review it.
..Maybe he thought he heard you say..
"Don't think, decide and do and don't think again! And don't review it. :)
Don't worry too much..worst case is to re-file ead & ap w/ newer fees.
He'll eventually get GC & will be driving a Lexas in Dallus, Texus ;).
Think, deside and do and don't think again! But Review it.
..Maybe he thought he heard you say..
"Don't think, decide and do and don't think again! And don't review it. :)
Don't worry too much..worst case is to re-file ead & ap w/ newer fees.
He'll eventually get GC & will be driving a Lexas in Dallus, Texus ;).
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InTheMoment
08-20 06:02 PM
Not exactly yabadaba ... if the call goes to TSC/NSC they are not contractors but full employees of USCIS and are known as Immigration Information Officers IIO, who have nothing to do with actual adjudications of I-485 done by CAO's - Center Adjudication Officers (as you rightly pointed out)
once and for all.. the adjudicators dont answer calls. its just cust service people...who are contractors. so if u dont call them.. all they will be doing is sitting around doing nothing.
once and for all.. the adjudicators dont answer calls. its just cust service people...who are contractors. so if u dont call them.. all they will be doing is sitting around doing nothing.
dealsnet
10-21 08:26 PM
File new H1B.
You may not adjust the status. (B1 to H1). (Get the H1B approval without 1-94 attached)
You need to go to India and attend interview to get your visa stamped.
Do premium process to save time.
So you will be safe. Everything can be done within 45 days, if do PP and move fast.
Entry on H1B will be safe for future immigration matters.
Dear friends,
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately after the approval of H1B.
Other relevant past details are
H1B non cap petition- June 2008
221 g at the consulate for the H1B petition since I didn't had the license.
Hospital withdrew the H1B petition in August 2008.
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry(its a different hospital). And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
You may not adjust the status. (B1 to H1). (Get the H1B approval without 1-94 attached)
You need to go to India and attend interview to get your visa stamped.
Do premium process to save time.
So you will be safe. Everything can be done within 45 days, if do PP and move fast.
Entry on H1B will be safe for future immigration matters.
Dear friends,
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately after the approval of H1B.
Other relevant past details are
H1B non cap petition- June 2008
221 g at the consulate for the H1B petition since I didn't had the license.
Hospital withdrew the H1B petition in August 2008.
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry(its a different hospital). And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
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pratikgr
08-10 08:00 AM
how about applying for a tourist visa for that time period?
Can we apply for tourist visa from US?
I checked at NY Kaplan. they have 3months course for $1800 and 4months course for TOEFL for $5500. Since we need atleast 4 months I20, I guess I have to check some community college if they offer something cheap.
One more question is, the community college usally have admission from spring. They don't issue I20 in summer. So I guess I have to start from January itself. In that case is it possible to get admission in January and start the class in summer? In that way I can save some money.
Can we apply for tourist visa from US?
I checked at NY Kaplan. they have 3months course for $1800 and 4months course for TOEFL for $5500. Since we need atleast 4 months I20, I guess I have to check some community college if they offer something cheap.
One more question is, the community college usally have admission from spring. They don't issue I20 in summer. So I guess I have to start from January itself. In that case is it possible to get admission in January and start the class in summer? In that way I can save some money.
more...
InTheMoment
08-10 06:09 PM
This is not a proposal for a new law but regulations by the administration within the bounds of the current law.
My humble suggestion: Please do your homework before voicing your opinion.
guys, this kind of proposals have been raised million times in last 5 years. These guys are passing their time till next election. Nothing is going to happen till next election. So do not build any hopes. None of the proposal is going to be a law before election.
My humble suggestion: Please do your homework before voicing your opinion.
guys, this kind of proposals have been raised million times in last 5 years. These guys are passing their time till next election. Nothing is going to happen till next election. So do not build any hopes. None of the proposal is going to be a law before election.
sr77
09-26 08:32 PM
Don't be. You will be current in Oct and I believe going forward (chances of retrogressing to 2005 is very slim if at all there is any retrogression).
That said, don't wait for USCIS. Be proactive and do all you can. I would suggest
1. Calling the USCIS customer service (get hold of level 2 rep by telling the level 1 your case is outside normal processing time) and try to get the status of your case. Might take few tries before you can get some info.
2. Open an SR.
3. Do the above for your dependents if any.
4. Make infopass (you have already done this).
5. Contact local congress man/woman.
6. Send mail to CIS Ombudsman
7. If your security check is not cleared yet, you can contact FBI (by phone) and find out the status.
(more information on all these can be gotten from simple google search. If not, post here and some one here should be able to help you.)
Good luck.
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.
That said, don't wait for USCIS. Be proactive and do all you can. I would suggest
1. Calling the USCIS customer service (get hold of level 2 rep by telling the level 1 your case is outside normal processing time) and try to get the status of your case. Might take few tries before you can get some info.
2. Open an SR.
3. Do the above for your dependents if any.
4. Make infopass (you have already done this).
5. Contact local congress man/woman.
6. Send mail to CIS Ombudsman
7. If your security check is not cleared yet, you can contact FBI (by phone) and find out the status.
(more information on all these can be gotten from simple google search. If not, post here and some one here should be able to help you.)
Good luck.
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...
gsc999
01-18 02:09 PM
waiting, just sent you a pm with details.
Guys, couple of things:
- If you are trying to join the Nor. Cal. Yahoo group, please include your phone number in your request.
- I have added a poll to get a better idea on the number of people
- Feel free to bring your spouse/kids/friends to this event
Cheers!
Guys, couple of things:
- If you are trying to join the Nor. Cal. Yahoo group, please include your phone number in your request.
- I have added a poll to get a better idea on the number of people
- Feel free to bring your spouse/kids/friends to this event
Cheers!
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ngopalak
07-05 12:59 PM
i think you are right. 100 M is a LOT of money to forsake for an agency like USCIS.
That I think is the reason they had to stop people from applyng before Julyy27th
If you like to beleive that the USCIS employees care USCIS revenue, you might like this answer.
200K apps (potential applicants in July) times $500 increase.
100,000,000
That I think is the reason they had to stop people from applyng before Julyy27th
If you like to beleive that the USCIS employees care USCIS revenue, you might like this answer.
200K apps (potential applicants in July) times $500 increase.
100,000,000
more...
GotFreedom?
03-12 09:43 PM
Congratulations to you and your family. Enjoy!!
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cleopatra
02-17 10:41 AM
You are right. We need to get this to everyone who is waiting for GC.
But Instead of focussing on getting this to everyone, can you focus on getting just two people to participate in this event?
Even if only a few of us do this, this will spread like wildfire by itself. We can make this event a grand success and get what we want.
Spread the word. Participate.
But Instead of focussing on getting this to everyone, can you focus on getting just two people to participate in this event?
Even if only a few of us do this, this will spread like wildfire by itself. We can make this event a grand success and get what we want.
Spread the word. Participate.
more...
rani77
02-02 09:39 AM
Thx for your reply.
But this wasn't told to me (us) by my company's hr, I guess I got to check that advise for second opinion.
I dont know what your comapny lawyer(you say HR they are least qualified for such advices in majority of situation) told you, but i know that you must posses the AP document in hand before u leave the country to use it for reentry. I think ur wife will recieve the passport soon ( this is due to glitch in the new PIMS verfication system) .You cant do much in this situation but just be paitient.
But this wasn't told to me (us) by my company's hr, I guess I got to check that advise for second opinion.
I dont know what your comapny lawyer(you say HR they are least qualified for such advices in majority of situation) told you, but i know that you must posses the AP document in hand before u leave the country to use it for reentry. I think ur wife will recieve the passport soon ( this is due to glitch in the new PIMS verfication system) .You cant do much in this situation but just be paitient.
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sukhyani
10-16 02:01 PM
speaking of SKIL Act, I dont know why I feel pretty optimistic that it might get passed during the lame duck session of Congress. Since December last year (Budget Reconciliation) we have seen House and Senate not agreeing on provisions favorable to us. This time both the chambers have identical bills favoring us. Let's keep our fingures crossed...
more...
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jasmin45
08-08 04:27 PM
You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...
You are correct! Question is not about 180 days limit.. it was about paystubs and job itself. If there is no paystub for extended period, its more than "in status" issue. From employer perspective, Its a voilation, not paying a sponsored Ailen. From employee perspective, this may generate hickups when IO ask to produce proof of salary and taxes during adjudication of 485 if total pay does not add up to statutory minimum for H1B.
You are correct! Question is not about 180 days limit.. it was about paystubs and job itself. If there is no paystub for extended period, its more than "in status" issue. From employer perspective, Its a voilation, not paying a sponsored Ailen. From employee perspective, this may generate hickups when IO ask to produce proof of salary and taxes during adjudication of 485 if total pay does not add up to statutory minimum for H1B.
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anantc
06-19 02:08 PM
Hi
Does any one know if it will also be applicable to someone with end of 9th year H1B? I have been getting annual H1Bs fro the past 3 years now, I was wondering if I will be eligible for I-140 premium.
Is Premium Processing of 140 for 9yrs Applicable H1B & 485 pending from June 16th 2008 ?
Appreciate anyone already in same boat!
Does any one know if it will also be applicable to someone with end of 9th year H1B? I have been getting annual H1Bs fro the past 3 years now, I was wondering if I will be eligible for I-140 premium.
Is Premium Processing of 140 for 9yrs Applicable H1B & 485 pending from June 16th 2008 ?
Appreciate anyone already in same boat!
more...
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gc28262
03-26 09:28 PM
I never heard this? Any references to confirm this?
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.
http://smithgarg.com/article-overcoming-violations.aspx
Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.
http://smithgarg.com/article-overcoming-violations.aspx
Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.
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ameryki
07-05 06:06 PM
must also remind you since 9/11 and this happened to me in Cali shooting ranges also do not let "non citizens" use their services. so even if you bought a gun not a lot of places for you to practice on how to use it just my 2 coppers for you mate.
more...
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ita
01-15 05:05 PM
If you start using EAD invoking AC21(though there is about 1 year time left on H1) and later find a better job/company that will do H1 then will we have to do H1 transfer or will it be applying for new H1 altogether again?
Will it be possible to transfer or recapture H1 time considering the following two scenarios
Employer doesn't revoke H1
Employer revokes H1.
Appreciate advice on this.
Thank you.
Will it be possible to transfer or recapture H1 time considering the following two scenarios
Employer doesn't revoke H1
Employer revokes H1.
Appreciate advice on this.
Thank you.
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dixie
09-05 05:47 PM
Not sure what happens technically to the old CIR, but most likely both the senate and house will throw away their respective bills and start from scratch.
I have a hypethetical situation
1. Say in the election Dems get both house and Senate AND
2. No compromise happens in CIR at Lame Duck Session too. Also
no SKILL passes too AND
3. New winners Sworn in and its congress controlled by Dems.
Now what is the status of the CIR that was passed in the senate and
that house bill passed? Does it expire or go annul? Or can these
new members come a compromise on that? What could be the attittude of the congress member towards it? It would be really interesting to know the
legal sides and political attittude of lawmakers to it.
thanks
I have a hypethetical situation
1. Say in the election Dems get both house and Senate AND
2. No compromise happens in CIR at Lame Duck Session too. Also
no SKILL passes too AND
3. New winners Sworn in and its congress controlled by Dems.
Now what is the status of the CIR that was passed in the senate and
that house bill passed? Does it expire or go annul? Or can these
new members come a compromise on that? What could be the attittude of the congress member towards it? It would be really interesting to know the
legal sides and political attittude of lawmakers to it.
thanks
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liorsal
01-14 02:53 PM
Only H1 reform is likely by feb 15th.
what about 485 relief????????
what about 485 relief????????
eagerr2i
12-20 08:21 PM
IRS does not withhold for salaried employees, the company deducts the Income Tax based on the number of declarations you have mentioned to Payroll department and sends it directly to IRS.
For businesses, it is the businesses who pay advance tax every Q.
I am not very clear about what you are talking about??
For businesses, it is the businesses who pay advance tax every Q.
I am not very clear about what you are talking about??
snathan
02-23 08:13 PM
Hi,
Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.
With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.
My question:
1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
3. The designation & job duties can be the same as that of EB3 or need to be changed.
Thanks in advance!
1. You cannot use the experience gained from the current employer...
2. You need to have MS+2 or Bachlor+5 years progressive experience before joining your current employer. You are short of 4 months for 5 years progressive experience and definitely USCIS will not appcept.
3. Also you will have tough time, if you PERM requires bachlor and you do not have four years single source degree. So its importent what the requirement on the PERM is.
So I am seeing you are going to have tough time to get EB2. But you will get the PERM approved and will face issues during I-140.
Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.
With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.
My question:
1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
3. The designation & job duties can be the same as that of EB3 or need to be changed.
Thanks in advance!
1. You cannot use the experience gained from the current employer...
2. You need to have MS+2 or Bachlor+5 years progressive experience before joining your current employer. You are short of 4 months for 5 years progressive experience and definitely USCIS will not appcept.
3. Also you will have tough time, if you PERM requires bachlor and you do not have four years single source degree. So its importent what the requirement on the PERM is.
So I am seeing you are going to have tough time to get EB2. But you will get the PERM approved and will face issues during I-140.
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