sridharnarasimha
04-09 08:32 PM
I went for H-1 renewal after 10-year completion. All set for 13 years on H1B. I also renewed my EAD but do not plan on using it. I did not renew my AP after the 1st year. My employer pays for H1 renewals but not EAD and AP renewals. So it was a no-brainer for me. Visa stamping is an hassle, but it is worth the trouble when considering the money saved in not applying for AP for 3 of us in my family for 3 years.
singhv_1980
02-01 01:14 AM
On reading a bit about PIMS, it seems that if your information is not in the KCC, then the US consulate sends a request to Kentucky for information. It turns out KCC has access to the CLAIMS3 system used by the USCIS, and they generally respond in 48 hrs. Here is the link:
http://srwlawyers.com/Resources/ImmigrationNews/tabid/91/Default.aspx
Scroll down to Dec 12.
They claim 48 hrs but on an average it is taking about 2 weeks to hear back from KCC. There are couple of parallel threads going on reg that.
http://srwlawyers.com/Resources/ImmigrationNews/tabid/91/Default.aspx
Scroll down to Dec 12.
They claim 48 hrs but on an average it is taking about 2 weeks to hear back from KCC. There are couple of parallel threads going on reg that.
vjkypally
07-18 09:59 AM
Just sent this to 10 of my friends, keep spreading the word
www.immigrationvoice.org succesfully manages to revoke decision!!! Now its your turn to help them by contributing so that they can help you in future for action items like
recapture of visas wasted last few years
remove country based quota for employment based GC
and many more. Also remember it is non-profit and run by people like us stuck in this process.
Cheers and for confirmation check the article below from business week,
--------------------------------------------------------------------------------
http://businessweek.com/bwdaily/dnfl...eek+exclusives
www.immigrationvoice.org succesfully manages to revoke decision!!! Now its your turn to help them by contributing so that they can help you in future for action items like
recapture of visas wasted last few years
remove country based quota for employment based GC
and many more. Also remember it is non-profit and run by people like us stuck in this process.
Cheers and for confirmation check the article below from business week,
--------------------------------------------------------------------------------
http://businessweek.com/bwdaily/dnfl...eek+exclusives
lazycis
02-12 07:18 PM
Hi Wandmaker, Even If I need to work for the same employer do I need to use my EAD ?.
If you say 'Yes' to use EAD, later if I receive my H1B Extension in 1-2 monts, Can I use my H1B for the same employer where I got EAD thru them ?. If so wats the procedure ? . thank u sir.
Yes, use EAD (fill new I-9 from). After H1 extension is approved, leave and re-enter with new H1 stamp. Fill new I-9 form.
If you say 'Yes' to use EAD, later if I receive my H1B Extension in 1-2 monts, Can I use my H1B for the same employer where I got EAD thru them ?. If so wats the procedure ? . thank u sir.
Yes, use EAD (fill new I-9 from). After H1 extension is approved, leave and re-enter with new H1 stamp. Fill new I-9 form.
more...
Rajeev
10-29 05:16 PM
To all the folks that attended the conference at YMCA Center in Woodbridge, NJ on Oct 28th,
Thanks for participating . Please provide your feedback on the meeting i.e What you liked and what you didn't like. This will help us for the future meetings.
Also please become more active and urge you friends and colleagues to become more active in NJ state chapter.
Any suggestion on promoting our cause will be greatly appreciated:
Some of the areas to think about are:
a) How often we should hold such conferences?
b) What other topics we should include. ( For example Financial planning for the community, given the uncertainity in the process)?
c) In what way we together can help increase our number?
d) etc...etc...
The meeting was very well organized. Q&A session with Attorney Prashanti Reddy was very useful. Here are my suggestions:
a) We can have these conferences every two months or whenever core thinks so.
b) I think we should stick to immigration.
c) Earlier 'Invite a friend/Add a member' campaigns were very successful as compared to flyer/poster campaign.
Thanks for participating . Please provide your feedback on the meeting i.e What you liked and what you didn't like. This will help us for the future meetings.
Also please become more active and urge you friends and colleagues to become more active in NJ state chapter.
Any suggestion on promoting our cause will be greatly appreciated:
Some of the areas to think about are:
a) How often we should hold such conferences?
b) What other topics we should include. ( For example Financial planning for the community, given the uncertainity in the process)?
c) In what way we together can help increase our number?
d) etc...etc...
The meeting was very well organized. Q&A session with Attorney Prashanti Reddy was very useful. Here are my suggestions:
a) We can have these conferences every two months or whenever core thinks so.
b) I think we should stick to immigration.
c) Earlier 'Invite a friend/Add a member' campaigns were very successful as compared to flyer/poster campaign.
kumar_77
08-01 11:16 AM
Hello Core Members ,
We are seeing that some applications are being returned by USCIS mail room people , for improper fees and missing forms . This looks to be a very bit issue for people who have filed the cases , during July . Its possible that the filers may have made any mistake or this can be a mistake of Mail room People too due to huge volume of applications they have received . During Normal process every one had a fair chance of applying again with in the current month or many times even the preceding months. This is definitely not the case this time. If some case is rejected after Aug 17, they will not be able to file I 485 for Years . Can any of the core members suggest a way to contact the USCIS or DHS people and get some relief from this , and allow to re file the I 485 .
Thanks
Kumar
We are seeing that some applications are being returned by USCIS mail room people , for improper fees and missing forms . This looks to be a very bit issue for people who have filed the cases , during July . Its possible that the filers may have made any mistake or this can be a mistake of Mail room People too due to huge volume of applications they have received . During Normal process every one had a fair chance of applying again with in the current month or many times even the preceding months. This is definitely not the case this time. If some case is rejected after Aug 17, they will not be able to file I 485 for Years . Can any of the core members suggest a way to contact the USCIS or DHS people and get some relief from this , and allow to re file the I 485 .
Thanks
Kumar
more...
raysaikat
12-19 08:16 PM
Thank you for replying.
I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?
You are probably reading the notation wrong - it is probably "and/or status".
In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.
The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.
So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).
If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.
In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.
To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.
So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).
You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).
Your case is complex enough that you must seek advice from an immigration attorney before making any decision.
I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?
You are probably reading the notation wrong - it is probably "and/or status".
In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.
The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.
So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).
If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.
In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.
To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.
So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).
You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).
Your case is complex enough that you must seek advice from an immigration attorney before making any decision.
chanduv23
11-07 02:21 PM
Well, as a matter of fact "employer is employer" - there is nothing called good or bad. Any employer can be bad during crunch times. Times have changed now and there is more scrutiny over consulting companies these days because they have lot of immigrants on payroll. Look for urself, your family, ur need etcc.. before changing jobs, be it consulting or fulltime. Sometimes FT jobs can be worse as you never know what kinda shit u may get into.
more...
ab_tak_chappan
08-12 10:06 PM
To celebrate the success :D
kumar1
09-22 02:35 PM
just kidding man.
what do you base this on
what do you base this on
more...
GCSOON-Ihope
11-04 05:32 PM
Guys,
Your help/guidance is needed on this strange situation.
I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.
Apparantly, this employer is causing some issues in giving me all my supporting documents.
My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?
You experience, knowledge will be appreciated.
Thanks,
pan123
Of ourse you can always find a new employer!
However, I hear people talking about it all the time, there is no such thing as a transfer as if you could port your visa to a new company.
Whenever you want to switch jobs, you have to apply for a whole new H1.
Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.
In your situation, just file a new H1 with a new employer, that's it.
Your help/guidance is needed on this strange situation.
I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.
Apparantly, this employer is causing some issues in giving me all my supporting documents.
My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?
You experience, knowledge will be appreciated.
Thanks,
pan123
Of ourse you can always find a new employer!
However, I hear people talking about it all the time, there is no such thing as a transfer as if you could port your visa to a new company.
Whenever you want to switch jobs, you have to apply for a whole new H1.
Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.
In your situation, just file a new H1 with a new employer, that's it.
a_yaja
04-18 09:32 AM
if u like to pay for it, there's already an option for u: EB5. price tag: $500K minimum!
Only in under-developed areas. For a developed area, it is $1 million.
Only in under-developed areas. For a developed area, it is $1 million.
more...
yhhou22
10-22 09:40 AM
EB2 June filer of I 485
PD Aug 15 2005
RD of I 485 June 1st 2007
EAD approval August 28 2007
AP approval Sept 4 2007
I485 approval Oct 4 2007
From China
NSC
PD Aug 15 2005
RD of I 485 June 1st 2007
EAD approval August 28 2007
AP approval Sept 4 2007
I485 approval Oct 4 2007
From China
NSC
smartboy75
07-09 04:43 PM
Well the lawyer representing the new company believes that without a copy of 140
1. that, they cannot do a H1B transfer.
2. that, I cannot do EAD extension when it expires in October 2008.
Why r u doing an h1 transfer ??? why can't u invoke AC21.....??
1. that, they cannot do a H1B transfer.
2. that, I cannot do EAD extension when it expires in October 2008.
Why r u doing an h1 transfer ??? why can't u invoke AC21.....??
more...
shree09
08-08 06:14 PM
Thanks to everyone who replied.
I have got sufficient replies so it looks like it is OK to do both H1 Stamping and landing together.
Do you have any suggestions for the canadian places. I heard Vancouver is popular.
Is one place better than another one..
Any info will be really helpful
I have got sufficient replies so it looks like it is OK to do both H1 Stamping and landing together.
Do you have any suggestions for the canadian places. I heard Vancouver is popular.
Is one place better than another one..
Any info will be really helpful
imv116
03-02 02:13 PM
Yes, just as InTheMoment has said H1 option does exist, but chances are more with EAD.
It�s not like we switching jobs. Good univ, good program and good place go a long way in there career. To spend 3-5 years in a residency and another 2 years in a fellowship program, I think one has to be serious about what they choose.
Note like we got a rank and have to take-up what ever is offered.
EAD for H4 would have been the best things to happen, at least in light providing the same for L1.
It�s not like we switching jobs. Good univ, good program and good place go a long way in there career. To spend 3-5 years in a residency and another 2 years in a fellowship program, I think one has to be serious about what they choose.
Note like we got a rank and have to take-up what ever is offered.
EAD for H4 would have been the best things to happen, at least in light providing the same for L1.
more...
Saralayar
05-21 07:59 PM
Inspite of telling my lawyer she did the mistake of sending my EAD and AP before 120 day period. EAD filed 121 days prior and AP filed 148 days prior. I have gotten the receipts of both but AP status says that they have requested more information/evidence. I am wondering what additional information they need. Anyone else in this situation ?
Is it 120 business days or just week days?
Is it 120 business days or just week days?
doggy
10-26 01:40 AM
Huh??
I'm just curious. How will the driver read "No right turn on red"? There is no sign for that.
I'm just curious. How will the driver read "No right turn on red"? There is no sign for that.
rayen
05-06 06:04 PM
Case: H1B transfer Denial
One of my friends H-1B transfer got denied. The case is he has a H-1(under masters quota) from Oct 2008 with a previous employer and got a new job from Jan 2009 so applied for a transfer thru them. He has been working from last July2008 and has all the paystubs from july2008-dec2008. So applied the transfer with all the paystubs. He got an RFE in March asking to provide W-2 for last year , paystubs , client letters etc. After replying to RFE after 1 month got a denial from USCIS in the website. HE is still waiitng for formal letter from them. So wat are the options available ??
Can he go back to previous employer ?
Can he file a motion on why they rejected the transfer? If even the motion gets rejected can we still go back to previous employer ?
Please let me know it is kind of urgent...
One of my friends H-1B transfer got denied. The case is he has a H-1(under masters quota) from Oct 2008 with a previous employer and got a new job from Jan 2009 so applied for a transfer thru them. He has been working from last July2008 and has all the paystubs from july2008-dec2008. So applied the transfer with all the paystubs. He got an RFE in March asking to provide W-2 for last year , paystubs , client letters etc. After replying to RFE after 1 month got a denial from USCIS in the website. HE is still waiitng for formal letter from them. So wat are the options available ??
Can he go back to previous employer ?
Can he file a motion on why they rejected the transfer? If even the motion gets rejected can we still go back to previous employer ?
Please let me know it is kind of urgent...
sroyc
07-11 05:40 PM
You have an immaculate sense of timing! Had they processed your application a week late - you would have received only one year EAD card. No wonder you are called Saint :)!
His PD is July 2006. He would have gotten the 2 year EAD either way. EB2 India is June 01 2006.
His PD is July 2006. He would have gotten the 2 year EAD either way. EB2 India is June 01 2006.
hebbar77
12-09 09:01 PM
On bench with GC... Thats like you are out of job isn't it? On H1 if this happens its also illegal. I assume bench means no pay or LOWER than normal pay for the job.
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