obelix
03-02 11:28 AM
Hi All,
I just wanted to get a second opinion on my situation. I would really appreciate if you can share your thought.
I work for a typical consulting company but luckily has been working for the same client for 3yrs with a vendor in the middle. I've got paid all the time without any issue. My visa (H1B) is due to expire in Sept 2010. I have valid visa till that time.
I was just evaluating if I would be better off filing my extension in April (1st week) as I can do 6month ahead of the start date or should I wait. Another point to note is - I'm getting married in June so I need to visit India for about a month and coming back in July. So, I can start processing after that too.
My personal preference is to file for extension in April with Premium Processing and hopefully I get new valid I-797. Go for stamping while I'm India for another 3yrs and also have my wife get H4 visa. I think this would be an ideal situation for me.
Does anybody see any issue in the plan? What would you do if you are under similar situation?
I would really appreciate if you can share your insight or similar experience. I would be happy to share more information if needed.
Thanks,
I just wanted to get a second opinion on my situation. I would really appreciate if you can share your thought.
I work for a typical consulting company but luckily has been working for the same client for 3yrs with a vendor in the middle. I've got paid all the time without any issue. My visa (H1B) is due to expire in Sept 2010. I have valid visa till that time.
I was just evaluating if I would be better off filing my extension in April (1st week) as I can do 6month ahead of the start date or should I wait. Another point to note is - I'm getting married in June so I need to visit India for about a month and coming back in July. So, I can start processing after that too.
My personal preference is to file for extension in April with Premium Processing and hopefully I get new valid I-797. Go for stamping while I'm India for another 3yrs and also have my wife get H4 visa. I think this would be an ideal situation for me.
Does anybody see any issue in the plan? What would you do if you are under similar situation?
I would really appreciate if you can share your insight or similar experience. I would be happy to share more information if needed.
Thanks,
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parablergh
08-12 08:36 PM
Hi, thanks
Point 2 looks doable..
Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1
It is possible to set the start date further out i.e. 6 weeks. This would just need to be indicated in the underlying LCA and form I-129.
If there is no urgent need for your family to travel to the U.S., I would recommend avoiding the possible hassle involved in having them show up and then rush to file a COS solely on their behalf. Keep in mind that a COS filed for dependents without being filed for the beneficiary (you) cannot be premium processed. Typically these petitions take anywhere from 2-5 months.
If you file for a COS on your own behalf, you can provide your family with a copy of the petition and approval notice establishing that you have received approval for H-1B status. They can then apply at a U.S. Consulate abroad to obtain visa stamps to enter the U.S. Generally people do not run into problems with this as long as they can establish therelationship to the beneficiary (marriage certificate for spouse and birth certificates for children).
If you have any additional questions I would highly recommend speaking to the legal group/team handling your petition as they are the most qualified to deal with your specific issues. Advice solicited via forums can often lead to incorrect and confusing answers.
Point 2 looks doable..
Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1
It is possible to set the start date further out i.e. 6 weeks. This would just need to be indicated in the underlying LCA and form I-129.
If there is no urgent need for your family to travel to the U.S., I would recommend avoiding the possible hassle involved in having them show up and then rush to file a COS solely on their behalf. Keep in mind that a COS filed for dependents without being filed for the beneficiary (you) cannot be premium processed. Typically these petitions take anywhere from 2-5 months.
If you file for a COS on your own behalf, you can provide your family with a copy of the petition and approval notice establishing that you have received approval for H-1B status. They can then apply at a U.S. Consulate abroad to obtain visa stamps to enter the U.S. Generally people do not run into problems with this as long as they can establish therelationship to the beneficiary (marriage certificate for spouse and birth certificates for children).
If you have any additional questions I would highly recommend speaking to the legal group/team handling your petition as they are the most qualified to deal with your specific issues. Advice solicited via forums can often lead to incorrect and confusing answers.
amitjoey
02-03 07:52 PM
Hi EveryOne,
I got my Green card in mail yesterday.
Thanks.
Congrats!!
I got my Green card in mail yesterday.
Thanks.
Congrats!!
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hmaramraj
08-24 01:14 PM
Hi,
I am sorry to side track the topic here but I am a permanent resident of Canada and lived there for 3 years. It's beyond my words to explain how difficult it is to get a job in Canada. First of all IT jobs are less except in Toronto and Ottawa and some in Vancouver. Sometimes they don't hesitate to trash our resume in front of us which happened to me. They hate US experience. I asked when I was called for an interview why don't they believe US experience when I had worked in US. She said, "Oh well! in US, in a team of 10 software engineers only 2 or 3 are good and rest of below average but whereas in Canada it is reverse". I was appalled with the response. Anyways, I am not advocating that we shouldn't take shelter in neighbouring countries like Canada but trying to put forward the ground realities existing in Canada.
Takecare
Hari.
Vivek Wadhwa spoke very nicely and hit right at the core of the EB Immigration issues and backlog. I talked to him along with my wife and told our story. I also told that lot of people like me will be opting Canada or Australia or even go back to India if the EB Immigration issues are not fixed. If US doesn't fix its Immigration Policies for Skilled Immigrants then they go back to their home countries or other contries who know their worth. This is our most productive age and we won't waste it.
I will try finding the recording of the show and post it here.
I am sorry to side track the topic here but I am a permanent resident of Canada and lived there for 3 years. It's beyond my words to explain how difficult it is to get a job in Canada. First of all IT jobs are less except in Toronto and Ottawa and some in Vancouver. Sometimes they don't hesitate to trash our resume in front of us which happened to me. They hate US experience. I asked when I was called for an interview why don't they believe US experience when I had worked in US. She said, "Oh well! in US, in a team of 10 software engineers only 2 or 3 are good and rest of below average but whereas in Canada it is reverse". I was appalled with the response. Anyways, I am not advocating that we shouldn't take shelter in neighbouring countries like Canada but trying to put forward the ground realities existing in Canada.
Takecare
Hari.
Vivek Wadhwa spoke very nicely and hit right at the core of the EB Immigration issues and backlog. I talked to him along with my wife and told our story. I also told that lot of people like me will be opting Canada or Australia or even go back to India if the EB Immigration issues are not fixed. If US doesn't fix its Immigration Policies for Skilled Immigrants then they go back to their home countries or other contries who know their worth. This is our most productive age and we won't waste it.
I will try finding the recording of the show and post it here.
more...
TeddyKoochu
10-15 08:29 AM
Teddy
Is there any source on any site which gives idea that they are thinking of it. Since we have close to 800 members who joined for filling 485 when date is not current we can ask IV core to make this campaign officially and push for this one. Even we know 800 are not a good strength still it may help if govt is willing
gc_on_demand - Here are the links from other sites.
From Ron Gotcher's Forum
http://www.immigration-information.com/forums/general-immigration-questions/10321-uscis-considering-permit-pre-filing-i-485-applications-approved-i-140-a.html
I could not find anything on any official site. There are blogs going on all popular immigration sites on this topic.
I believe that since the agencies are thinking about this provision (Even though this has been in the news since a year) has better likelihood of being implemented.
skgs200,aksharan, cbpds the EAD / AP part appears to be disputed nobody is clear on this. Yes there maybe a fee for this but it does bring us a step closer.
Is there any source on any site which gives idea that they are thinking of it. Since we have close to 800 members who joined for filling 485 when date is not current we can ask IV core to make this campaign officially and push for this one. Even we know 800 are not a good strength still it may help if govt is willing
gc_on_demand - Here are the links from other sites.
From Ron Gotcher's Forum
http://www.immigration-information.com/forums/general-immigration-questions/10321-uscis-considering-permit-pre-filing-i-485-applications-approved-i-140-a.html
I could not find anything on any official site. There are blogs going on all popular immigration sites on this topic.
I believe that since the agencies are thinking about this provision (Even though this has been in the news since a year) has better likelihood of being implemented.
skgs200,aksharan, cbpds the EAD / AP part appears to be disputed nobody is clear on this. Yes there maybe a fee for this but it does bring us a step closer.
santb1975
02-15 10:28 PM
^^^
more...
cagedcactus
11-11 03:38 PM
In short... this backlog is not going away, until everyone of us participates at state level, and starts making a difference.
We must stand up and fight this unfair system. they are not going to do anything for us, if we just sit on our lazy behinds....
We must stand up and fight this unfair system. they are not going to do anything for us, if we just sit on our lazy behinds....
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aamchimumbai
09-02 06:35 PM
Folks,
Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin).
As part of my application necessary medical exam tests were conducted in May'08. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?
Also, on the forums there is a talk about medical forms being changed? Can anyone confirm?
Thanks in advance for all your responses.
Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin).
As part of my application necessary medical exam tests were conducted in May'08. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?
Also, on the forums there is a talk about medical forms being changed? Can anyone confirm?
Thanks in advance for all your responses.
more...
gsc999
04-19 03:59 PM
[QUOTE=boldm28]Y cant you ask the same question in your home country assuming it is India
you wont get any reply not in 100 years[/QUOTE
---
baldm28: :p
Cz Raju pays taxes in US.
you wont get any reply not in 100 years[/QUOTE
---
baldm28: :p
Cz Raju pays taxes in US.
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lenbin
07-06 12:17 PM
@ gc wanna be
it works perfectly especially if ur company is on good standings as u mentioned in ur post.
PM me if u want info on similar cases, thats if u ddnt get CPO mail yet.
it works perfectly especially if ur company is on good standings as u mentioned in ur post.
PM me if u want info on similar cases, thats if u ddnt get CPO mail yet.
more...
Rb_newsletter
01-22 05:49 PM
There should be a way to appeal. Talk to your employer and attorney and get their advice. Until you get the paper/reason for denial, you may not get solid advice. But in the mean while, get all the documents ready, like pay stubs, tax docs, client letter, contract docs, etc... That way you will have all needed docs in hand and can appeal the denial as soon as you get the denial reason.
Are you working full-time or consulting? If it is consulting, then may the latest employer-employee relationship memo played its role.
Key is stay calm and consider every possible way. Your fellow IV-ians here can feel the pain that you go through. We wish your issue gets resolved quickly.
Are you working full-time or consulting? If it is consulting, then may the latest employer-employee relationship memo played its role.
Key is stay calm and consider every possible way. Your fellow IV-ians here can feel the pain that you go through. We wish your issue gets resolved quickly.
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mihird
09-17 11:57 PM
I will tell your first hand, the path to becoming a doctor is TOUGH...
You will need a lot of brains to clear those USMLE exams
You will need a lot of money to appear for those USMLE exams/residency interviews
You will need a lot of patience since it takes a minimum of 2 years to be able to apply.
Here's what you do.
My wife was here in the US on a H4 the past 2 years while she did all her prep work/exams etc., but assuming your brother is in India.
1. Give USMLE Step 1 & Step 2 exams - they are conducted in India
Each one takes about 6 months of prep time and
shoot for a score in the upper 80s or preferably 90s - very
few people get such high scores..
2. Then one needs to get a B2 visa to appear for Step 3
Step 3 is only conducted in the US
(You WILL need the Step 3 cleared for H1 sponsorship)
Good luck getting that B2 - plenty of people are
denied this B2 in India - if you can't get this B2, that's
the end of the game.
3. Once you clear all the steps you need to apply through ERAS
for a nationwide match for residency.
4. Spend hoardes of money to travel to each hospital that
invites you to an interview.
5. Wait for the ERAS match results to be out.
If you are lucky you would have matched somewhere. Your hospital files a H1 on your behalf and you wait for the approval. Once you get the approval, you become a resident doctor. 4 years in residency...and then you are a doctor..
To make this long story short, lots of effort, lots of money and lots of patience is what it all takes...
You will need a lot of brains to clear those USMLE exams
You will need a lot of money to appear for those USMLE exams/residency interviews
You will need a lot of patience since it takes a minimum of 2 years to be able to apply.
Here's what you do.
My wife was here in the US on a H4 the past 2 years while she did all her prep work/exams etc., but assuming your brother is in India.
1. Give USMLE Step 1 & Step 2 exams - they are conducted in India
Each one takes about 6 months of prep time and
shoot for a score in the upper 80s or preferably 90s - very
few people get such high scores..
2. Then one needs to get a B2 visa to appear for Step 3
Step 3 is only conducted in the US
(You WILL need the Step 3 cleared for H1 sponsorship)
Good luck getting that B2 - plenty of people are
denied this B2 in India - if you can't get this B2, that's
the end of the game.
3. Once you clear all the steps you need to apply through ERAS
for a nationwide match for residency.
4. Spend hoardes of money to travel to each hospital that
invites you to an interview.
5. Wait for the ERAS match results to be out.
If you are lucky you would have matched somewhere. Your hospital files a H1 on your behalf and you wait for the approval. Once you get the approval, you become a resident doctor. 4 years in residency...and then you are a doctor..
To make this long story short, lots of effort, lots of money and lots of patience is what it all takes...
more...
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chintals
09-03 01:33 PM
How did you do that? can you please provide info?
The phone number to call and would they need any information from me?
1) Call 800 and convince the person to escalate to 2nd level and speak to IIO
2) Call 800 and choose cases were seperated option which will go to respective service center and talk to IO.
Some folks are helpful and some are not.. It all depends how you approach and how you can convince.. good luck. Other option is go to Infopass.
The phone number to call and would they need any information from me?
1) Call 800 and convince the person to escalate to 2nd level and speak to IIO
2) Call 800 and choose cases were seperated option which will go to respective service center and talk to IO.
Some folks are helpful and some are not.. It all depends how you approach and how you can convince.. good luck. Other option is go to Infopass.
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lazycis
05-01 11:54 AM
If old I-140 has not been revoked, you are entitled to the old PD.
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
more...
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americandesi
06-06 07:08 PM
The contract that you signed is valid only if UBS and your vendor have a work order between them stating that you will be offering your services to UBS from such and such date. As you failed the background check, I assume that they never executed such a work order.
Your vendor is asking for trouble. They're supposed to pay you the prevailing wage from the day you started working with them until the termination of employment. Moreover termination of employment is applicable only if they notify USCIS to cancel your H1. In such a case they're supposed to provide a return flight ticket for you and your dependents.
Your employer obviously doesn't know the rules governing H1 and is trying to play scare tactics with you. All you need to do now is to find another employer and transfer your H1. Then file a complaint with DOL to recover the backwages for the period you were on bench.
Your vendor is asking for trouble. They're supposed to pay you the prevailing wage from the day you started working with them until the termination of employment. Moreover termination of employment is applicable only if they notify USCIS to cancel your H1. In such a case they're supposed to provide a return flight ticket for you and your dependents.
Your employer obviously doesn't know the rules governing H1 and is trying to play scare tactics with you. All you need to do now is to find another employer and transfer your H1. Then file a complaint with DOL to recover the backwages for the period you were on bench.
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JunRN
11-09 12:00 AM
That same link you gave tells us that 655k is pending/back-log for AOS....
more...
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franklin
07-13 08:38 PM
how many ppl are gonna be there? It must be very hot wearing a suit.
We don't really know at this point. It could be 150, it could be 1000!
It's pretty exciting!
Based on today's weather in SF, it'll be a scorcher tomorrow in SJ
We don't really know at this point. It could be 150, it could be 1000!
It's pretty exciting!
Based on today's weather in SF, it'll be a scorcher tomorrow in SJ
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lp2007
01-19 07:40 PM
We are all proud of our accomplishments, EB2 or EB3 or EB1 , the degrees we have earned, the jobs we do and the achievements we have in our career. The relationships we have made and the list goes on.
I don't think being in a category of EB GC queue should define if you can be proud of an EB3 immigrant.
You almost make it sound like did a EB3 applicant become a "slumdog millionaire" ? :)
I don't think being in a category of EB GC queue should define if you can be proud of an EB3 immigrant.
You almost make it sound like did a EB3 applicant become a "slumdog millionaire" ? :)
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Dalai Lama
02-23 02:07 PM
What kind of RFE? what they can ask.
gccovet
05-08 03:47 PM
Thank you senk1s & gccovet. Have added some Green's to both of you !
Good luck, I am in the same boat as you are. Hence was reading more on this topic.
Regards,
Good luck, I am in the same boat as you are. Hence was reading more on this topic.
Regards,
snathan
05-19 11:34 AM
Hello,
My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.
Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.
Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?
I am thinking to reapply again in next 2 day.
Can anyone help me what should i do in this case?
Thanks,
Harish Gowda
The Indian compnies absued the B1 visa...they are getting B1 visa but brought in people, put them at client location for work. The USCIS/US consulates found this and this is the right reason for your B1 visa rejection. So you wouldnt be able to get the B1 even if you apply again.
My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.
Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.
Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?
I am thinking to reapply again in next 2 day.
Can anyone help me what should i do in this case?
Thanks,
Harish Gowda
The Indian compnies absued the B1 visa...they are getting B1 visa but brought in people, put them at client location for work. The USCIS/US consulates found this and this is the right reason for your B1 visa rejection. So you wouldnt be able to get the B1 even if you apply again.
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