Appu
09-16 12:38 PM
There's a very good post here:
http://www.dailykos.com/story/2006/8/29/1091/84205
Everyone on this forum should go read it and comment on it.
http://www.dailykos.com/story/2006/8/29/1091/84205
Everyone on this forum should go read it and comment on it.
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pdakwala
05-27 02:11 PM
Hey Folks,
I want to talk to an individual who is stuck at the Backlog elemination center. I am in touch with the reporter who is working on the story for the people who are stuck at BEC.
The topic is how would the current bill debated in the senate would affect people who are stuck at the labor process and their application is stuck at the BEC.
This is very urgent so please call me at 408 204 2200 if you are living in bay area. Please call me directly. DO NOT SENT ME A PM.
I want to talk to an individual who is stuck at the Backlog elemination center. I am in touch with the reporter who is working on the story for the people who are stuck at BEC.
The topic is how would the current bill debated in the senate would affect people who are stuck at the labor process and their application is stuck at the BEC.
This is very urgent so please call me at 408 204 2200 if you are living in bay area. Please call me directly. DO NOT SENT ME A PM.
vikasgarg24
08-04 02:39 PM
You dont need to file 485 again. after i140 approval send a email to SC and they will include new I-140 and Labor in 485
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godbless
11-27 03:18 PM
I made an emergency appointment about a year ago to get my h1b stamped at new Delhi. To schedule such an appointment you would need the LIN# of your I-797 ( H1b approval notice ), your US residential and your employer information.
more...
perm2gc
10-27 05:13 PM
The Director of the U.S. Citizenship and Immigration Services (USCIS), Emilio Gonzalez, stated in an interview with the New York Times that he is recommending a significant increase in USCIS fees to cover the cost of processing applications. While the article specifically mentions naturalization applications, it does not clearly limit the recommended increase only to this application. It is possible, therefore, that many applications and petitions processed by the USCIS could be affected by his recommendation.
http://www.murthy.com/news/n_feepos.html
we can pay more fees if they can process our cases fast.:) :) :)
http://www.murthy.com/news/n_feepos.html
we can pay more fees if they can process our cases fast.:) :) :)
jsrigiri
11-20 11:39 AM
I am currently working for a company at Chicago,IL on OPT (Optional Practical Training) period which is of one year. I have graduated as Electical Engineer from NJIT,NJ this year and is authorized to work during the OPT. Unfortunately the OPT is ending on 11th February, 2007.
I applied for H1B through the same company at Chicago but missed it as the CAP was closed by 28th August, 2006. Hence, I am currently working on the OPT work authorization.
I am aware that I will be out of status after February 11th at the end of my OPT tenure. I am planning to re-apply for H1 with the same company again well in time next year. As I will be out of status until I get my H1B application accepted and approved possibly by October'07, what are the best options available for me to legally stay here in USA with a valid status during the period until October 2007. Time is short and I needed to work out some thing quick.
I shall be grateful to any one who could send in your valuable advise.
I applied for H1B through the same company at Chicago but missed it as the CAP was closed by 28th August, 2006. Hence, I am currently working on the OPT work authorization.
I am aware that I will be out of status after February 11th at the end of my OPT tenure. I am planning to re-apply for H1 with the same company again well in time next year. As I will be out of status until I get my H1B application accepted and approved possibly by October'07, what are the best options available for me to legally stay here in USA with a valid status during the period until October 2007. Time is short and I needed to work out some thing quick.
I shall be grateful to any one who could send in your valuable advise.
more...
lost_angeles
03-01 06:07 PM
Hi,
I am relocating to a different city and my current employer, who started my Green Card process, is ready to offer me job as a consultant. This would be a tele-commuting / remote position. I would be paid on an hourly basis -- 40 hours per week.
I am currently on H1B visa, but also have a valid EAD.
Would accepting this offer be ok for my ongoing green card process? Any ideas on how I can approach this offer? Or would I be better off looking for a another permanent position with some other company.
Would you please let me know your thoughts.
Thanks!
I am relocating to a different city and my current employer, who started my Green Card process, is ready to offer me job as a consultant. This would be a tele-commuting / remote position. I would be paid on an hourly basis -- 40 hours per week.
I am currently on H1B visa, but also have a valid EAD.
Would accepting this offer be ok for my ongoing green card process? Any ideas on how I can approach this offer? Or would I be better off looking for a another permanent position with some other company.
Would you please let me know your thoughts.
Thanks!
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GC_sufferer
09-18 01:20 PM
Check out the photos on Gregsiskind Blog.
http://blogs.ilw.com/gregsiskind/
http://blogs.ilw.com/gregsiskind/
more...
sweet23guyin
06-18 10:47 AM
I understand AP is like your visa stamp. I94 shows your status and not a visa stamp.
As a known fact,You may show to IO at port of entry only when it is valid and not expired.
You may also apply for an extension only when you wish to travel out and want to come in using AP.
As a known fact,You may show to IO at port of entry only when it is valid and not expired.
You may also apply for an extension only when you wish to travel out and want to come in using AP.
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AmericanDreamZ
10-19 01:36 PM
H1, H4 (spouse) and H4 (kid) living happily.
File 485 and gets EAD/AP.
H1 doesn't use EAD.
H4 uses EAD and hence looses H4 status.
I-485 is denied.
Now, my understanding is that spouse has to go out of country and come back again on H4.
What about the kid?
When does the kid loose his/her H4 status? (When both mother and father use EAD)?
This is just my thought, I would believe when the father (or whoever was on H1) uses EAD, the subsequent H4's would get canceled and their status would be Pending AOS. If 485 is denied, and if H1 person has not used EAD, then both son and mother can re enter on H4.
-Suraj
File 485 and gets EAD/AP.
H1 doesn't use EAD.
H4 uses EAD and hence looses H4 status.
I-485 is denied.
Now, my understanding is that spouse has to go out of country and come back again on H4.
What about the kid?
When does the kid loose his/her H4 status? (When both mother and father use EAD)?
This is just my thought, I would believe when the father (or whoever was on H1) uses EAD, the subsequent H4's would get canceled and their status would be Pending AOS. If 485 is denied, and if H1 person has not used EAD, then both son and mother can re enter on H4.
-Suraj
more...
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roseball
08-29 10:29 AM
I am working in US on L1A visa expiring in November 2010 (completing 7 years). The Visa with whom I am working are not processing my GC. Before changing my Visa to L1A, I had H1B which is expired now. So I am applying for PERM through another employer. This employer/attorney is going to file for Labor in one or two months. What are the chances of my Labor and I-140 getting approved before December 2010? If my Labor got approved by December 2010, Can I switch to the employer who has applied for PERM and continue staying in US? Are there any options? Please advice. Thanks for your time.
PERM processing for non-audited cases is taking anywhere from 8-12 months these days. Assuming your case does not come under audit, then yes, with premium processing of I-140, you can expect both your Labor/I-140 being approved by Dec 2010 (assuming the 8-12 month PERM processing times still hold good)
PERM processing for non-audited cases is taking anywhere from 8-12 months these days. Assuming your case does not come under audit, then yes, with premium processing of I-140, you can expect both your Labor/I-140 being approved by Dec 2010 (assuming the 8-12 month PERM processing times still hold good)
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IV2007
12-07 10:52 AM
Hi guys,
Does anyone know, When to apply for FOIA for I-140 ? After or Before Approval of I-140. Coz I don't know whether my I-140 is approved or not yet.
Or should we wait until the processing dates cross our reciept dates ?
Anyone who did this successfully, pls enlighten the members.
Does anyone know, When to apply for FOIA for I-140 ? After or Before Approval of I-140. Coz I don't know whether my I-140 is approved or not yet.
Or should we wait until the processing dates cross our reciept dates ?
Anyone who did this successfully, pls enlighten the members.
more...
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jk999
11-30 01:17 AM
A friend of mine is going through this and I am posting on his behalf while he is really stressing it out. Any help would be very much appreciated.
He got his H1B through this consulting firm last April in effect from Oct 01, 2008. He finished his masters here in the US in April. He made himself available to the employer and was searching for work all summer. His employer asked him to clear a few certifications in a field unfamiliar to him. My friend took certifications but also has been on a look out for any new opportunities given the tough market.
He recently found one and is looking to switch his H1B. Now that his current employer has found out about this, he totally freaked out threatening to cancel his H1B.
Things to note:
- My friend has not been paid by his current employer. So no pay-stubs what so ever
- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?
Thank you
He got his H1B through this consulting firm last April in effect from Oct 01, 2008. He finished his masters here in the US in April. He made himself available to the employer and was searching for work all summer. His employer asked him to clear a few certifications in a field unfamiliar to him. My friend took certifications but also has been on a look out for any new opportunities given the tough market.
He recently found one and is looking to switch his H1B. Now that his current employer has found out about this, he totally freaked out threatening to cancel his H1B.
Things to note:
- My friend has not been paid by his current employer. So no pay-stubs what so ever
- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?
Thank you
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ferozmd
09-21 05:10 PM
Dec 21 2006 - EB2 Regular
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Blog Feeds
10-26 11:40 AM
For most Lawyers handing H1B (http://www.h1b.biz/lawyer-attorney-1137085.html)cases, the problem with the Labor Condition Application (LCA) system has become a nightmare. Some cases take almost 14 days to be resolved and the FEIN denials are completely unreasonable.
Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.
In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.
To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:
(1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
LCA; and
(2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
rejected.
Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.
More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)
Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.
In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.
To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:
(1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
LCA; and
(2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
rejected.
Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.
More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)
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cr52401
03-02 09:29 PM
It really help if you are close to end of the time. I got it in 2 weeks.
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dish
11-10 05:12 PM
I came to US on H4, 3 years ago. Later I took my H1B with a recruiter and got it with I-94. It was valid up to 2007 oct. But I couldn't take up any work due to some problems. Recently I went to India and came back. At the port of entry I got new I-94 with H4 stamping. Means My H1 Is not valid now ? In this case, is there any way to apply for change of status again as my H1 is valid up to 2007. Or else do I need to apply for my new H1B again ? Pl. any one clarify.
Once you are counted in the H1 cap you don't need to be counted again to extend your H1 status. But if you went to the consulate and got an H4 visa stamp, you might need to wait again till h1 visa is available again in april 2007.
I am curious to know, how your interview went in the consulate. Because you were on H1, without working. If you were not working and not recieving paystubs you are out of status. Didn't that create problems when you change to H4 ?
Once you are counted in the H1 cap you don't need to be counted again to extend your H1 status. But if you went to the consulate and got an H4 visa stamp, you might need to wait again till h1 visa is available again in april 2007.
I am curious to know, how your interview went in the consulate. Because you were on H1, without working. If you were not working and not recieving paystubs you are out of status. Didn't that create problems when you change to H4 ?
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kunjakka
07-13 06:07 AM
Hello All,
I e-filed my first EAD renewal yesterday(07.12.2008). Mine is the classical case where i submitted in the window of August 2007 window and the AP and EAD was approved in October 2007.
My wife is an F-1 student and I concurrently filed on her behalf in Aug 2007.
Now while renewing my wife's EAD in the efile process, I did the following steps
1. Started a new I-765 for wife
2. Filled all the details.
3. Added I-131 also
i went ahead and efiled her application (both EAD and AP). Mine is the emplyment based I-485. Assuming that since she is dependent on me, I marked her application as family based I-485.
Reviewing the pdf, I saw that her documents need to go to the National Benefits Center, while mine is the Texas Service Center.
Did I commit a mistake? If so, how can I correct it.
Thanks for all your input on this one, and also the countless other experiences in the past when i have consulted this wonderful forum......
UK
I e-filed my first EAD renewal yesterday(07.12.2008). Mine is the classical case where i submitted in the window of August 2007 window and the AP and EAD was approved in October 2007.
My wife is an F-1 student and I concurrently filed on her behalf in Aug 2007.
Now while renewing my wife's EAD in the efile process, I did the following steps
1. Started a new I-765 for wife
2. Filled all the details.
3. Added I-131 also
i went ahead and efiled her application (both EAD and AP). Mine is the emplyment based I-485. Assuming that since she is dependent on me, I marked her application as family based I-485.
Reviewing the pdf, I saw that her documents need to go to the National Benefits Center, while mine is the Texas Service Center.
Did I commit a mistake? If so, how can I correct it.
Thanks for all your input on this one, and also the countless other experiences in the past when i have consulted this wonderful forum......
UK
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amitk81
09-05 06:34 AM
I never paid, cancelled my appointment before paying.
Was going to pay them just 2-3 days before the actual appointment.
Got it stamped in Mumbai, absolutely no hassel.
Was going to pay them just 2-3 days before the actual appointment.
Got it stamped in Mumbai, absolutely no hassel.
continuedProgress
03-25 04:10 PM
In my opinion - with a Apr10 AP expiry date, getting a Schengen until Apr20 may not be possible. Unless the consulate wants to be nice to you! :)
Tommy_S
04-10 02:54 AM
Yup, I also prefer ya3's colors. But both of you, done a gj. I think this idea (iStamp and those lines) will be popular. ;)
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