r_mistry
07-23 09:29 AM
Hello Everybody,
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
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vidyakulkarni
07-11 06:52 PM
can you please tell me how much time now takes to H1b renewal?
I am in 6th year of H1b.
I am in 6th year of H1b.
yogi13
06-28 10:24 AM
My wife have a birth certificate from the muncipality. The birth was registered soon after she was born and her parents named her before registration so there are no issues as far as late registration or "no name" is concerned. The only concern I have is that the birth certificate mentions only the first names of her and her mother although her father's full name is mentioned. Will this be a problem. The muncipalities in India register the birth in this manner, their explanation being that a child's full name is his/her first name followed by the father's full name. Similarly a married woman's full name is her first name followed by the husband's full name. I know this is not necessarily true in the USA. So I was wondering if this might be a problem.
Is there anyone in this forum who had a similar situation and their certificate worked?
Any insight on this will be greatly appreciated.
Is there anyone in this forum who had a similar situation and their certificate worked?
Any insight on this will be greatly appreciated.
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kondur_007
05-18 07:04 PM
Hope you are posting your question for US immigration. (This site discusses US immigration)
As far as I know the country of chargeability is your or your spouse's birth country(Choice during I485 application) not based on citizenship. HTH
Yes, that is correct.
If you were born in India, you will still be counted as "EB2 India" in greencard queue even after you become british citizen.
In other words, if you are planning to become a british citizen to live there, good luck. But it will not help you with US immigration.
As far as I know the country of chargeability is your or your spouse's birth country(Choice during I485 application) not based on citizenship. HTH
Yes, that is correct.
If you were born in India, you will still be counted as "EB2 India" in greencard queue even after you become british citizen.
In other words, if you are planning to become a british citizen to live there, good luck. But it will not help you with US immigration.
more...
lazycis
01-26 07:51 AM
my wife is US citizen , applied for permanent residency (green card) almost 6 months back , my interview was 2 days back, everything went thru alrite, the immigration officer said at the end of interview , " your case been aproved, but we did not get the background chk from FBI , as soon as we get it we are going to mail you the green card "
is this normal? i checked "case status' on USCIS website, they still have some update from 4 months back ...
plz help, hope i posted in the right sub-forum this time..
I have a friend who is stuck in background check for 2+ years (same situation, a spouse of a US citizen). Hope it won't happen to you! Not much you can do now, just wait. If you do not get any response within a year, consider suing the USCIS (that's what my friend is doing).
is this normal? i checked "case status' on USCIS website, they still have some update from 4 months back ...
plz help, hope i posted in the right sub-forum this time..
I have a friend who is stuck in background check for 2+ years (same situation, a spouse of a US citizen). Hope it won't happen to you! Not much you can do now, just wait. If you do not get any response within a year, consider suing the USCIS (that's what my friend is doing).
Blog Feeds
07-27 06:00 PM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
A quick review of the list of largest H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)users for FY 2009 shows high tech and Silicon Valley topping the list. The top users of the H-1B program for 2009 included multi-national technology companies headquartered, and with branch offices in Silicon Valley. Wipro tops the list with 1,964 new H-1B visas. Microsoft is second with 1318, but then Intel Corp has a big drop off at 723 H-1B's The list of Silicon Valley companies continues, including Infosys Technologies (440), Qualcomm (320), Cisco (308), Oracle (272), Google (211), Yahoo (183), Apple (168), Nvidia (130), and Hewlett Packard (115). While there is no way to know whether these companies sponsored employees located in Silicon Valley, as opposed to another office location, it is clear that high-tech and Silicon Valley are standouts on the list of H-1B employers.
Those who assume the H-1B is a tool used primarily by IT companies may be surprised to see the number of prestigious universities and medical facilities also nearing the top of the list. H-1B visas are work visas for professional workers who typically require at least a Bachelor's degree for entry into their profession. This includes teachers, professors, doctors, and scientists in addition to engineers.
The first two pages of the list are below:
H-1B Users Fy2009 (http://www.scribd.com/doc/31016678/H-1B-Users-Fy2009)
http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=oVC6CVN9PI o:YHnjBgrNY1w:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:7Q72WNTAKBA)
http://feeds.feedburner.com/~r/SiliconValleyImmigrationLawyerBlogCom/~4/oVC6CVN9PIo
More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/oVC6CVN9PIo/silicon-valley-companies-top-l.html)
A quick review of the list of largest H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)users for FY 2009 shows high tech and Silicon Valley topping the list. The top users of the H-1B program for 2009 included multi-national technology companies headquartered, and with branch offices in Silicon Valley. Wipro tops the list with 1,964 new H-1B visas. Microsoft is second with 1318, but then Intel Corp has a big drop off at 723 H-1B's The list of Silicon Valley companies continues, including Infosys Technologies (440), Qualcomm (320), Cisco (308), Oracle (272), Google (211), Yahoo (183), Apple (168), Nvidia (130), and Hewlett Packard (115). While there is no way to know whether these companies sponsored employees located in Silicon Valley, as opposed to another office location, it is clear that high-tech and Silicon Valley are standouts on the list of H-1B employers.
Those who assume the H-1B is a tool used primarily by IT companies may be surprised to see the number of prestigious universities and medical facilities also nearing the top of the list. H-1B visas are work visas for professional workers who typically require at least a Bachelor's degree for entry into their profession. This includes teachers, professors, doctors, and scientists in addition to engineers.
The first two pages of the list are below:
H-1B Users Fy2009 (http://www.scribd.com/doc/31016678/H-1B-Users-Fy2009)
http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=oVC6CVN9PI o:YHnjBgrNY1w:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:7Q72WNTAKBA)
http://feeds.feedburner.com/~r/SiliconValleyImmigrationLawyerBlogCom/~4/oVC6CVN9PIo
More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/oVC6CVN9PIo/silicon-valley-companies-top-l.html)
more...
eadguru
10-04 11:34 AM
My self and my wife both are on H1B. Both are working for different companies.
I filled I 485, EAD and AP through my company, for my self and my wife.
Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?
2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.
Your help will be really appreciated. :)
EadGuru
I filled I 485, EAD and AP through my company, for my self and my wife.
Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?
2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.
Your help will be really appreciated. :)
EadGuru
2010 married this summer.
2008FebEb2
01-07 05:23 PM
Hello All,
I have been reading in a lot of posts that EB-2 option will be removed for Software people. :confused:
Can anyone provide me a link for it? I can't seem to find it.
Thanks
I have been reading in a lot of posts that EB-2 option will be removed for Software people. :confused:
Can anyone provide me a link for it? I can't seem to find it.
Thanks
more...
pbuckeye
08-24 07:36 AM
Convert H1 into Premium. You need to get the results before Sept-20. So that you can apply for F2 visa.
Preferably yes, you should apply before the I-94 expires.
However, I am not sure if a new H1B or F2 application MUST be filed before the I-94 expiry date. If the I-94 is expired, it won't be an "extension of H1B status" or "change of status to F-2" but it will be a new visa. So, she can still get an approval, then go out of the country to get the new visa stamped.
P.S. I am not a lawyer.
Preferably yes, you should apply before the I-94 expires.
However, I am not sure if a new H1B or F2 application MUST be filed before the I-94 expiry date. If the I-94 is expired, it won't be an "extension of H1B status" or "change of status to F-2" but it will be a new visa. So, she can still get an approval, then go out of the country to get the new visa stamped.
P.S. I am not a lawyer.
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cr52401
10-03 08:07 AM
Forgive me if you already saw that. I did not find it in this forum and it is very good article.
http://www.newsmax.com/archives/articles/2006/9/1/94348.shtml
http://www.newsmax.com/archives/articles/2006/9/1/94348.shtml
more...
jvs
06-18 06:50 PM
Regarding "how soon can you go for stamping"
Depends on the consulate. Mumbai consulate allows you to go for stamping 90 days prior to start of your extension. In your case if your extension starts on 1st October 2010, you can go for stamping as early as 5th July 2010. Since you are expecting to receive the extension by August you can go for stamping as soon as you receive it.
I would recommend dropping a mail to VFS and asking this question for the consulate you are interested in.
Depends on the consulate. Mumbai consulate allows you to go for stamping 90 days prior to start of your extension. In your case if your extension starts on 1st October 2010, you can go for stamping as early as 5th July 2010. Since you are expecting to receive the extension by August you can go for stamping as soon as you receive it.
I would recommend dropping a mail to VFS and asking this question for the consulate you are interested in.
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kartikiran
06-18 11:07 AM
Any IV members from Long Island, New York, please list yourself here.
Does not matter what country you are from or what industry you are working in, as long as you are waiting for green card you belong here.
Trying to see if we can arrange for a "meet and greet" and see if we can schedule an event with our state chapter leaders.
Please note, connected to this initiative is also a media opportunity to talk to a reporter if we can bring out our experiences/stories.
Thanks.
Does not matter what country you are from or what industry you are working in, as long as you are waiting for green card you belong here.
Trying to see if we can arrange for a "meet and greet" and see if we can schedule an event with our state chapter leaders.
Please note, connected to this initiative is also a media opportunity to talk to a reporter if we can bring out our experiences/stories.
Thanks.
more...
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arnet
09-08 01:13 PM
My wife and I returned one time from India to US exactly 2 days before visa expiry. we had new visa approval notice but didnt have new visa stamping in passport.
This is not reqd but if you want, you can send her your scanned copy of H1/H4 receipt notice, just incase to show that you both filed for extension if anyone ask for it. In general, send her scanned (or fax) your current employment letter to show that you are currently working here in US.
good luck:)
This is not reqd but if you want, you can send her your scanned copy of H1/H4 receipt notice, just incase to show that you both filed for extension if anyone ask for it. In general, send her scanned (or fax) your current employment letter to show that you are currently working here in US.
good luck:)
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saro28
01-12 09:59 PM
I would suggest you to switch to EAD. There is no reason for you stick to H1-B anymore.
more...
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va007
05-05 08:02 PM
Thanks, I am looking for Sr. Business Analyst job.
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ahiyer
11-24 02:30 PM
Thanks for the reply.
I forgot to mention this is for new H1B filing, does it matter in that case?
I forgot to mention this is for new H1B filing, does it matter in that case?
more...
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abrahamL
03-19 05:11 PM
Hi,
I was let go by my company and am still under payroll for another month. I am told that once I am off the payroll, the company has to tell the lawyer to cancel my H1B.
Is there anyway that I could extend my H1B for a smooth H1B transfer to a new company? as I am still looking for a good offer at this stage.
And how long does it take for the government to process the cancellation of the H1B? And during that process if another company comes in and is willing to sponsor, would that be a smooth process?
Thanks!
Abraham
I was let go by my company and am still under payroll for another month. I am told that once I am off the payroll, the company has to tell the lawyer to cancel my H1B.
Is there anyway that I could extend my H1B for a smooth H1B transfer to a new company? as I am still looking for a good offer at this stage.
And how long does it take for the government to process the cancellation of the H1B? And during that process if another company comes in and is willing to sponsor, would that be a smooth process?
Thanks!
Abraham
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instantkarma
01-28 01:59 PM
hello,
I have an EAD and have an approved labor and I-140 approved for over 180 days with my employer.
I am interested in knowing the clarity on SOC (speciality occupation codes) with AC21.
My current labor when filed has details in my ETA9089 form as -
1. SOC - 151051
2. Job Title - Computer Consultant/Programmer Analyst
3. Skill Level - II
4. Wage offered - $76k
5. Prevailing wage - 60k
I have a new job offer, from another company whose details are -
1. Job Title - Managing Consultant
2. Wage offered - $120k
This job would require me to play a role of Manager/Supervisor, Architect and also code.
Im not sure what SOC code the new company would offer me? From the latest bls.gov SOC guide "Supervisors of workers in Major Groups 13-0000 through 29-0000 usually have work experience and perform activities similar to those of the workers they supervise, and
therefore are classified with the workers they supervise."
So besides similar job duties does it require SOC compatibility for AC21?
Thanks in advance!
I have an EAD and have an approved labor and I-140 approved for over 180 days with my employer.
I am interested in knowing the clarity on SOC (speciality occupation codes) with AC21.
My current labor when filed has details in my ETA9089 form as -
1. SOC - 151051
2. Job Title - Computer Consultant/Programmer Analyst
3. Skill Level - II
4. Wage offered - $76k
5. Prevailing wage - 60k
I have a new job offer, from another company whose details are -
1. Job Title - Managing Consultant
2. Wage offered - $120k
This job would require me to play a role of Manager/Supervisor, Architect and also code.
Im not sure what SOC code the new company would offer me? From the latest bls.gov SOC guide "Supervisors of workers in Major Groups 13-0000 through 29-0000 usually have work experience and perform activities similar to those of the workers they supervise, and
therefore are classified with the workers they supervise."
So besides similar job duties does it require SOC compatibility for AC21?
Thanks in advance!
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RandyK
11-15 03:30 PM
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
ras
04-12 02:44 PM
Some where I read that there is no fee for renewal of AP. I am a Jul 07 filer and am not sure about this. Further already applied last for Advance parole and travelled till it got expired last month. I am applying for a new one again. So just wanted to know if I need to pay the fees $305.
So my questions are:
Does the July 07 filers need to send the cheque for $305
Should we also include Biometric fee of $80?
And how much time is it taking these days for AP/
Thanks in advance
So my questions are:
Does the July 07 filers need to send the cheque for $305
Should we also include Biometric fee of $80?
And how much time is it taking these days for AP/
Thanks in advance
sounakc
12-05 11:33 AM
>>>>>
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