makemygc
07-18 09:07 AM
My friend's waiting to hear word on her application which is with the Philadelphia Backlog center. I read on here that they will finish processing these applications within the next 2 months and that will be it and at this point she and I are worried because another friend of ours got a letter asking the employer if he was still interested in sponsoring him (this was about 8 months ago or so) whereas she never did. The lawyer (same dope I go to) tells her to just wait, but the deadline is so close, it's scary. So, should she call, what can she do? By the way, she's been waiting since 2001. Thanks!
What is her priority date? Has she filed in RIR or Non-RIR? For RIR, there were only 200 application left in the last release I saw in OH website.
What is her priority date? Has she filed in RIR or Non-RIR? For RIR, there were only 200 application left in the last release I saw in OH website.
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kvranand
08-18 04:19 PM
This process will extended the life of H1's by another 3 years for those who are in their 6th year of H1 with priority dates in their 6th year. :)
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aguy
01-05 12:53 PM
The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
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kanshul
02-01 10:40 AM
Client forcing you is very typical.
Here is an option to consider: can your employer (who I am assuming is a small desi firm) file your GC though another sister firm (not unusual) in EB2. Assuming that you get it, and retain your PD, you should be able to get your GC within a year if there is no audit in labor / 140. Remember in EB2 the date for Indian is Jan 05 and your PD is before that.
Assuming that you can't keep PD if employer withdraws 140; I would recommed going that route even if you have to find another client.
Also, check with an attorney to find out about PD as you may be able to keep it even if 140 is withdrawn. In that case you can join any company (even your client ) and start GC through EB2.
Here is an option to consider: can your employer (who I am assuming is a small desi firm) file your GC though another sister firm (not unusual) in EB2. Assuming that you get it, and retain your PD, you should be able to get your GC within a year if there is no audit in labor / 140. Remember in EB2 the date for Indian is Jan 05 and your PD is before that.
Assuming that you can't keep PD if employer withdraws 140; I would recommed going that route even if you have to find another client.
Also, check with an attorney to find out about PD as you may be able to keep it even if 140 is withdrawn. In that case you can join any company (even your client ) and start GC through EB2.
more...
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txh1b
08-25 03:32 PM
Depends on what you mean by porting. Do you already have an approved 140 in EB2 or are you going to start from scratch by having the company file for a labor?
If it is the latter, the company as per the law must pay for the labor filing, advertising costs. Anything after that, there is no problem for you to be paying for the GC.
If it is the latter, the company as per the law must pay for the labor filing, advertising costs. Anything after that, there is no problem for you to be paying for the GC.
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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.
more...
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roseball
08-26 04:54 PM
Hi,
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
AFAIK, if the MS degree is from an US accredited institution and your new EB-2 job requires a MS degree, then yes, your new employer can start the EB-2 process for you. Once you have a US Masters, it doesn't matter what your earlier educational qualifications are. Key thing here is that your EB-2 job MUST require a Masters degree.
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
AFAIK, if the MS degree is from an US accredited institution and your new EB-2 job requires a MS degree, then yes, your new employer can start the EB-2 process for you. Once you have a US Masters, it doesn't matter what your earlier educational qualifications are. Key thing here is that your EB-2 job MUST require a Masters degree.
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stucklabor
07-12 09:24 AM
EADchallenged, please check your PM.
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GC_Green9
03-28 01:17 PM
if say 50% of people in EB-2 quota do possess Master degree, do you think after STEM - the pressure on EB-2 visas will drastically reduced such that EB-2 will be current for all the countries??
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alldreamer
05-28 06:28 PM
Hi everybody,
Can someone show me how to adjust status of b1 visa to permanent resident in the USA. I have a friend. She has a US citizen brother who had sponsered her to the USA. However she just received the receipt notice (pending case) from USCIS. Now she is staying in the USA with the b1 visa. How can she adjust her status to get the green card?
Hope to receive your answers soon.
Can someone show me how to adjust status of b1 visa to permanent resident in the USA. I have a friend. She has a US citizen brother who had sponsered her to the USA. However she just received the receipt notice (pending case) from USCIS. Now she is staying in the USA with the b1 visa. How can she adjust her status to get the green card?
Hope to receive your answers soon.
more...
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up_guy
08-27 04:09 PM
What was the cause for H1B rejection??
My H-1 B was not rejected, just application got returned back to the lawyer because some form was missing in it. They had refiled it back.
I donot know any other details, as lawyer did not share it with me..
My H-1 B was not rejected, just application got returned back to the lawyer because some form was missing in it. They had refiled it back.
I donot know any other details, as lawyer did not share it with me..
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wait4ever
09-22 11:15 AM
You should not have any impact if you have the GC
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tnite
03-18 10:57 AM
I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
Some folks have had success at the infopass getting this information but for most cases they will not be able to tell you. The might be able to tell you if the file has been assigned or not.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
Some folks have had success at the infopass getting this information but for most cases they will not be able to tell you. The might be able to tell you if the file has been assigned or not.
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Blog Feeds
04-22 08:40 AM
Another sign we're about to get in to a serious debate over immigration reform. From Roll Call: According to Senate Democratic aides, Senate Majority Leader Harry Reid (D-Nev.) and Speaker Nancy Pelosi (D-Calif.) agreed during a Tuesday afternoon meeting that a ?moral imperative? exists to move immigration reform in 2010. The decision to press ahead on such a controversial issue now ? in an election year ? comes even though Democrats have had little success attracting GOP support for their initiatives in the 111th Congress.
More... (http://blogs.ilw.com/gregsiskind/2010/04/pelosi-tells-reid-immigration-can-move-ahead-of-climate-bill.html)
More... (http://blogs.ilw.com/gregsiskind/2010/04/pelosi-tells-reid-immigration-can-move-ahead-of-climate-bill.html)
more...
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yestogc
05-31 05:06 PM
sorry.............
Will Obama Follow his footsteps ?
Will Obama Follow his footsteps ?
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desi3933
11-25 02:24 PM
I am in the same position guys, I have a approved H1b visa (started oct 2010), I am flying to mumbai through Munic, so I probably wont need a transit visa....
But let me ask you a dumb question, what does AP stand for?
http://en.wikipedia.org/wiki/Advance_parole
.
But let me ask you a dumb question, what does AP stand for?
http://en.wikipedia.org/wiki/Advance_parole
.
more...
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saint_2010
07-11 05:21 PM
hi saint, nothing against you, i wonder what is the freakin logic USCIS uses to decide on 2 year EAD approval, here i am with pd not being current for atleast next 2-3 years (given the halt of eb3-I), 2nd ead extn, in my 8th year of h1b, i got a one year EAD extn, where as a eb2 person gets a 1 year validity...i only wish we can know whats going in the minds of these decision makers..
Non taken my friend. I was surprised myself to see 2 yr extns. I think they have some wierd fuzzy logic on approvals..which is beyond our intelligent minds:cool:.
Non taken my friend. I was surprised myself to see 2 yr extns. I think they have some wierd fuzzy logic on approvals..which is beyond our intelligent minds:cool:.
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stxvr
07-09 10:46 AM
Means if we ask for AC21 then they ask for this kind of details? Also What is the Probability they ask for these details. Now I have 2 more questions:
1. if you are on H1 extension then you get new LCA at the time of H1 extension. If your current location and job are same as specified in the h1 extension LCA. (If you were working at wrong location at the time of first H1 but during the H1B extension you are working at the location specified in the LCA. Now how much is the possibility that they ask for the details for LCA Of the first H1B. Or tey look into only latest LCA).
2. One more question: If your LCA shows the city name LA but you are actually not specific in LA city but you are in LA county then is that location considered to be correct OR this is still violation?
1. if you are on H1 extension then you get new LCA at the time of H1 extension. If your current location and job are same as specified in the h1 extension LCA. (If you were working at wrong location at the time of first H1 but during the H1B extension you are working at the location specified in the LCA. Now how much is the possibility that they ask for the details for LCA Of the first H1B. Or tey look into only latest LCA).
2. One more question: If your LCA shows the city name LA but you are actually not specific in LA city but you are in LA county then is that location considered to be correct OR this is still violation?
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urstruly
07-27 03:32 AM
Can somebody please respond????
MannyD
09-07 07:34 PM
This poll should also collect the year of PD and whether they have any dependents.
OK, sorry I missed that critical data! Depending upon response to this, I will create one with "year" later. Thanks
OK, sorry I missed that critical data! Depending upon response to this, I will create one with "year" later. Thanks
shx
05-17 08:01 PM
Can you prove that you were born in Nepal? Without proof, you won't be able to change it in your passport.