วันพุธที่ 15 มิถุนายน พ.ศ. 2554

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  • Ryall
    09-04 01:08 PM
    its almost like smuging, or smearing a pixel value.

    Peace




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  • kondur_007
    07-30 08:31 PM
    I am so confuse and cursing myself why did I leave US. My apartment, my car , my belongings every thing is back in US and I am stuck here

    First of all, calm down. Everything will be just fine. If you stress out, you burn your own brain cells.


    So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.

    Yes, that is correct. If you file for CP, your approved I 140 gets forwarded to the consulate and then consulate will process it (if PD is current) and give you interview. They WILL do the name check and if it is not cleared for H1, it is not likely to be cleared for GC. so they will not give interview till your name check is cleared and PD is current.

    But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.



    That is correct. There is not time limit after approval of I 140 to file 485. You can file it any time after I 140 is filed and if you are stuck there due to name check, you have a reason for the delay as well (just in case someone asks in future; but no one is supposed to ask it any way). So by all means you will be able to file 485 once you enter US on H1. It can be any amount of delay. The only things is; your PD needs to be current at that time.

    The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.
    That is exactly why I said in the above post that that's the one thing you can do and who knows? may be name check gets cleared and if your PD is current and all stars are aligned well they may call you for interview for GC even before your H1 interview (although this is not very likely to happen!) but it would not hurt.


    Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP.


    Entirely unrelated question. To make it clear, let me ask you: Were you IN US during that 3 months unpaid leave and you were on H1?? in that case you were out of status for those three months. If that is the case, that might come in your way if they notice it. They may even deny H1 stamp on that basis. and they can raise that during CP interview as well. Talk to your lawyer. If this is the case, it may be safe to go through the route of first getting H1 stamp, come to US and file 485. (once you enter on a valid stamp, all prior out of status violations are sort of forgiven and so they will not create any problem at 485 stage)

    Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.

    You dont have to be working for the sponsoring employer at the time of either 485 approval or at the time of CP approval. All you need to have is a letter from employer that says, they will hire you permanently for the job described in your PERM on a permanent basis. That's it. And you and your employer should have good faith intention to do so once GC is approved. GC is for the future job.


    And one more thing how long does it take generally to get interview once a person has applied for CP ??

    I dont know the precise answer to this question. I think once they receive notification from DOS (which by itself takes few months); they do name check, local police clearance etc and once those things are in line, and your PD is current they will call you for the interview...this may be few months.

    Good Luck.




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  • Anders �stberg
    July 16th, 2004, 01:40 PM
    Thanks for the kind comments!

    I've processed some more, plus added a few new ones from today, so I had to start a new Swallows gallery (http://www.dphoto.us/forumphotos/showgallery.php/cat/776). Please visit and tell me what you think! :)

    Concurrent H1 and L1 [Archive] - Immigration Voice

    View Full Version : Concurrent H1 and L1





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  • kartikiran
    05-06 03:55 PM
    ganguteli,

    there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.

    your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.

    As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.

    Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(

    If people really want to do something, then how about we organize a rally in DC and show up in thousands?

    Then everyone will know you and you do not need to go to meetings just to show your faces and expect that someone will have mercy on us and think about us next time.



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  • GCEB2
    09-20 09:01 PM
    Hi... Can any one tell me which are the afforable places in California to buy home. It can be town home or single family homes, Bet 300k to 400k.




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  • thomachan72
    01-05 04:58 AM
    Dustinthewind, the preview has good background score and the shots are appropriate. The narrative (labels) that show up are also quite captivating. All together it looks very good and promising, however, I would have liked to see some diaglogues also in between. Maybe a tiny bit longer would have been better. We definitely need to hear the voices of the actors to make it all the more compelling. If there are tragic scenes in the movie a glimpse of those would also be great. Anyway I am not requesting you to change anything but just suggesting a few ways such previews could be more effective. [/I]



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  • parablergh
    08-27 02:26 PM
    While it is usually best to have your company (or legal representative) communicate directly with USCIS, it is possible to contact them directly to determine if your petition has been received. You will need to know which office the petition was filed at (based on the location of the employment it should have been CSC or VSC) and the date of filing.

    After you provide some personal information, you may be able to receive your receipt number verbally.

    Unfortunately this has worked in some instances, but not in others - so good luck.

    If this does not work, your company should be able to confirm if the checks were cashed. If so, your receipt number should be stamped on the back of the checks.




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  • aravindhome
    04-29 01:02 PM
    Hey.. Congratulations on the engagement.... the way I see it, there are a couple of options for you.. not entirely from a legal perspective.. just practical solutions.....

    a. You can ask your fiance to enter as a student here on F1, if she's willing to pursue her education.. you can easily enrol her in the nearest community college and for a part-time or full-time course....

    b. An H1 or an L1 is another option.. but given the current conditions, not sure if you can pull that through.......

    c. This is from my own experience... A friend of mine faced the same scenario and, so asked his wife to apply for Canadian PR and then come into the States... That way, she was able to get a job quite easily in Toronto and the whole process took just about 8 months or so...

    Hopefully, these suggestions come in handy for you....... All the very best....



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  • VisaVisa
    09-10 10:28 AM
    the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.
    I agree.
    I have also heard that it can be picked up from a consulate. How does that work?




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  • neema
    11-29 04:48 PM
    I got my H4 stamped first and then applied for H1 while in India. Travelled to US on H4. This is the reason why I cannot work in US without stamping.

    I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.

    What is the validity on the H1 ? Did you get this H1 before you got H4 stamped and before landing in USA on H4 ?

    It is not possible to get the stamping on company "B" if you have H1 from company "A".



    You can get the stamping done overseas based on the current H1. You can enter US based on that stamping. You are expected to work for that company to transfer teh H1 to a different company. You will be asked to send at least one pay stub (more some times in case of RFE) with your transfer application.



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  • paskal
    07-08 10:18 PM
    nice job




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  • senthil1
    07-26 10:04 AM
    I am not sure about changing H4 to F1 as F1 is dual intent visa. I am sure mostly your wife's F1 will be rejected at Consulate as her spouse is staying here but I am not sure about changing status from H4
    to F1 here.
    If you accept that you are taking some risk then it is fine. Sometimes all the 4 options may work against you. Also if your wife comes here within a few months then it may be ok. But if it takes 1 year or more then your company Lawyer is correct. Take advise of second lawyer

    Also I did not hear anything about option 2.That is mainly for those who were out of status for less than 6 months
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!



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  • Hassan11
    03-26 10:49 AM
    I am in big need for help. I applied for my first LC based on Skilled employee (Category 3) because my first job financial analyst only required a bachelor degree even though I have a masters degree then I filed for the I-140. a year later, I got a promotion to a senior financial analyst which requires a masters degree (which I already had). so I filed a second LC (EB2) for the new position with the same company however, my LC was denied because the DOL thinks that there is no difference between the 1 job (financial analyst) and the second job (senior financial analyst) with the same company. so I checked with my lawyer and he said that I can file for appeal so the DOL will review their decision and realize that it was wrong. I did file for appeal (within the 30 day window) in Sep 2006 and I ve been waiting since then. MY HR manager sent emails and made many phone calls to Atlanta to find out about the status of my appeal but with no results. finally in Jan 2008, she sent another letter to ask for a status. does anybody know or have any idea how long the appeal normally takes so they can make a decision on my case?? please advise. Thank you




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  • miguy
    01-11 02:27 PM
    My wife has started using her EAD so I understand that she would need to use the AP to re-enter US. But, I am still on H1 working for the same employer that is processing my greencard. Would I need to use AP to re-enter or can I re-enter on H1 ?....my lawyer suggests using AP but I've read at other places where they say you can continue to travel on H1

    confused......



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  • vin13
    03-11 03:20 PM
    Hi All,

    EB3-ROW PD: June 6, 2005
    AOS application sent: July 1, 2007
    I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.

    My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?

    Thanks a lot for all your support!!

    I changed jobs twice using AP. I filed AC21 first time. I did not file AC21 when i moved the second time. I am no longer on H1-B.

    I entered US on AP couple of months ago. Passport and AP document are all you need.

    At POE, I let the IO know that i am entering on AP. If not they may start to look for visa in the passport. Hand over the AP documents and passport. I was sent to secondary inspection(typical for AP holders. nothing to be concerned). They take the documents at the secondary inspection and ask to wait. Few minutes later, they call me and give me a stamped AP document, I-94 and passport.

    My sincere advise, also take I-485 receipt notice, I-140 approval document, employment letter from current employer (few words describing your job duties and when you started),
    and current pay stubs. All these are supporting documents only if they ask.

    Changing jobs without informing USCIS is OK when you are using AC 21. There is no rule that you need to inform job changes.

    Another smart thing to do would be in the employment letter also mention that this job is similar to the one applied for your green card. Again these are not mandatory just a good supporting document.




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  • Better_Days
    12-21 01:45 AM
    I just read at TOI that Dr Manmohan Singh's daughter Amrit Singh is a staff attorney at ACLU.

    http://timesofindia.indiatimes.com/PMs_daughter_puts_White_House_in_the_dock/articleshow/2639327.cms

    Can she be of any help to IV's Agenda. Has IV core considered contacting her.

    As a card carrying member of ACLU, all I can say is that I am proud to have the lady at ACLU :)



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  • Pagal
    12-03 02:39 PM
    Hello,

    As you have aged out, please check whether your 485 is still considered as 'dependent' or whether you are now a 'primary' applicant.

    If you are primary, staying out of country before GC issue is legally fine (though you may need to prove to IO at PoE as to why you want to enter US before GC is issued).

    If your I-485 was dependent, there should not be any restriction on you staying out of country for extended periods of time.

    Of course, pl consult an experienced attorney before making any decision...good luck w LSE...beautiful school in a beautiful city! :)




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  • Ann Ruben
    02-23 04:44 PM
    Even though you entered under the VWP, and even though you remained here after your I-94 expired, you can file for AOS based on your marriage to a US Citizen.

    Your wife is required to provide an affidavit of support. However, if her income and/or resources combined with your income/resources are insufficient, you can rely on a second affidavit from someone willing to be a "co-sponsor". The co-sponsor must be: a US Citizen or Permanent Resident, over 18 years old, and domiciled in the US.




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  • calaway42
    10-20 02:41 AM
    i found painter 5.. sounds alrite?




    FinalGC
    10-16 01:52 PM
    Kambi:

    Based on current stats,

    LC - It will take about 4 months from the date you initiate your case with your lawyer
    140- Eb2 or eb 3 will take from 4 weeks to 4 months
    485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.

    However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!




    user1205
    02-13 06:38 PM
    They have processing times for each service center. If your RD for the 485 is later than that that means they didn't get to look at your file yet even though your PD is current.
    Now you have to chack that date instead of the visa bulletin :)
    As others have said, Infopass might help to find out if it's with an IO or not.



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