nid
03-18 02:37 PM
Thanks Crazymonk.
Does it always go to consular processing for 2nd option?
I was more inclined towards 2nd option thinking that whether or not I get I94, if in case I have to use it, I can make a trip to India and get the stamping done?
Thoughts?
Does it always go to consular processing for 2nd option?
I was more inclined towards 2nd option thinking that whether or not I get I94, if in case I have to use it, I can make a trip to India and get the stamping done?
Thoughts?
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mk26
04-25 10:26 PM
Any one please reply if you know the answer..
cjgirish
02-06 02:13 PM
Hello All,
I am in a very sticky situation, my labor is pending @ PBEC with priority date of Jan'2004, which is Non-RIR and filed under EB3 category, based on which I have been getting incremental extensions of H1B (I am already in my 9th year by now). At present I am in the process of changing my filing type to RIR from TR and I was hoping to change the category too from EB3 to EB2, but my employers did not support me since they cannot pay the prevailing wage. I know I can still switch jobs, provided I transfer my H1B (which is valid till Jan�2008) and the new company files my GC immediately, so my questions to fellow victims of PBEC is
� How can I retain my old priority date?,
� Does the job descriptions filed with old labor have to match with job descriptions filed in PERM?
� It will be very tough, since I have almost 12+ yrs of exp in the industry, but my present employer is taking advantage of my situation and he is paying me peanuts, just because he does not want to pay me more, they have filed the papers as EB3. So while filing labor under EB2, can I still maintain my old priority date.
Please guys/gals help me out, I am not sure what to do, since I have already spent almost 3K$ on my GC and If I will be stuck with my employer at such low salary after my labor & I140 gets approved because of the retrogression it will be disaster. So I was thinking it would be better to be stuck with employer, who at least pays me decently and if I can retain my old dates it will awesome.
Regards,
CJG
I am in a very sticky situation, my labor is pending @ PBEC with priority date of Jan'2004, which is Non-RIR and filed under EB3 category, based on which I have been getting incremental extensions of H1B (I am already in my 9th year by now). At present I am in the process of changing my filing type to RIR from TR and I was hoping to change the category too from EB3 to EB2, but my employers did not support me since they cannot pay the prevailing wage. I know I can still switch jobs, provided I transfer my H1B (which is valid till Jan�2008) and the new company files my GC immediately, so my questions to fellow victims of PBEC is
� How can I retain my old priority date?,
� Does the job descriptions filed with old labor have to match with job descriptions filed in PERM?
� It will be very tough, since I have almost 12+ yrs of exp in the industry, but my present employer is taking advantage of my situation and he is paying me peanuts, just because he does not want to pay me more, they have filed the papers as EB3. So while filing labor under EB2, can I still maintain my old priority date.
Please guys/gals help me out, I am not sure what to do, since I have already spent almost 3K$ on my GC and If I will be stuck with my employer at such low salary after my labor & I140 gets approved because of the retrogression it will be disaster. So I was thinking it would be better to be stuck with employer, who at least pays me decently and if I can retain my old dates it will awesome.
Regards,
CJG
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gemini23
11-21 09:02 AM
Hi Gurus,
Sorry I could not find answer for this question on any of the threads here. can anyone please answer the question below
"Copy of visa page of passport in color " is listed as one of the supporting docs for ead renewal.(in the IV thread on EAD self filing)
Do I need to send the copy of visa stamp even if my stamp has expired and I am working on EAD? (my I-797/I-94 expired too).
Can someone please answer this as I need to apply for ead renewal soon.
Sorry I could not find answer for this question on any of the threads here. can anyone please answer the question below
"Copy of visa page of passport in color " is listed as one of the supporting docs for ead renewal.(in the IV thread on EAD self filing)
Do I need to send the copy of visa stamp even if my stamp has expired and I am working on EAD? (my I-797/I-94 expired too).
Can someone please answer this as I need to apply for ead renewal soon.
more...
fester8542
04-08 12:24 PM
thanks guys :love:
strafforddude
12-14 03:54 PM
Hi,
I am working for campany A on H1B visa. Company A sponsored my GC. My I-140 & I-485 are pending. I am offered a full time job at company B. Company B is not willing to apply for H1B, so i have to use my EAD. My current employer (Company A) agreed to let me go and supportive of my decision.
Question: If i use my EAD to join company B without informing USCIS, and at later point join my sponsoring employer (Company A) on same H1b which i have right now will it be a issue ?
Is there any way USCIS coming to know that i switched employees in between.
Thank you !!
I am working for campany A on H1B visa. Company A sponsored my GC. My I-140 & I-485 are pending. I am offered a full time job at company B. Company B is not willing to apply for H1B, so i have to use my EAD. My current employer (Company A) agreed to let me go and supportive of my decision.
Question: If i use my EAD to join company B without informing USCIS, and at later point join my sponsoring employer (Company A) on same H1b which i have right now will it be a issue ?
Is there any way USCIS coming to know that i switched employees in between.
Thank you !!
more...
number30
05-07 08:52 PM
Hi,
Wanted to know if there is any limitation on H4B visa date for coming in to US. My wife's H4B visa ends on Sep28 2009, she will travel and will be back on 28th Aug 2009. Is there any problem since its only 1 month from expiry.
In the meantime I will apply for an H1b extension.
Please reply
Regards,
She should be OK. But apply for H4 extension once she is back here.
Wanted to know if there is any limitation on H4B visa date for coming in to US. My wife's H4B visa ends on Sep28 2009, she will travel and will be back on 28th Aug 2009. Is there any problem since its only 1 month from expiry.
In the meantime I will apply for an H1b extension.
Please reply
Regards,
She should be OK. But apply for H4 extension once she is back here.
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matrixneo
10-20 12:14 PM
Thanks Guys,
Yes its related to property matters and need to execute on a stamp paper from India, I see below from Indian Consulate, San Francisco website
"If you are obliged to execute the Power of Attorney on a Stamp Paper from India, then please follow the �Apostille� Convention. Once the �Apostille� sticker is affixed to the Power of Attorney, the Consulate is not required to authenticate again the Power of Attorney."
Yes its related to property matters and need to execute on a stamp paper from India, I see below from Indian Consulate, San Francisco website
"If you are obliged to execute the Power of Attorney on a Stamp Paper from India, then please follow the �Apostille� Convention. Once the �Apostille� sticker is affixed to the Power of Attorney, the Consulate is not required to authenticate again the Power of Attorney."
more...
chetansharma703
10-20 06:58 AM
Hello,
I got here on K-1 visa on 05/03/2010. Got married 07/03/2010. Got my SSN and applied for I-485, I-765 within the timeline. Received RFE for co-sponsor as my wife's salary wasn't enough. Her dad was suppose to do it but stepped back. When we filed I 485 & I 765 we also sent the I864A form which is a contract between the household member and the sponsor. But now we did not send it cuz we have moved out. She lost her job just one day before we responded to RFE but we still sent her work documents cuz they were already in motion as when we applied for it we sent her work info. My friend co-sponsored and we responded to RFE within the timeline. Received an update that the decesion will be made in 60 days. Not sure they will approve it because my co-sponsor's salary is only $24,000 per annum. The question is, if they deny then we will apply for MTR and they deny that too then do I have to leave from USA because I can't leave my wife like that cuz she has nobody after me here as she already got seperated from her family too as I did. We are very young. I am 23 and she is 19. We got married to have a dream to live together forever. I can't take her back with me to India cuz she is highly lactose intolerance person, doctors said she might die if she goes there cuz our food is 99% dairy. Please help...
I got here on K-1 visa on 05/03/2010. Got married 07/03/2010. Got my SSN and applied for I-485, I-765 within the timeline. Received RFE for co-sponsor as my wife's salary wasn't enough. Her dad was suppose to do it but stepped back. When we filed I 485 & I 765 we also sent the I864A form which is a contract between the household member and the sponsor. But now we did not send it cuz we have moved out. She lost her job just one day before we responded to RFE but we still sent her work documents cuz they were already in motion as when we applied for it we sent her work info. My friend co-sponsored and we responded to RFE within the timeline. Received an update that the decesion will be made in 60 days. Not sure they will approve it because my co-sponsor's salary is only $24,000 per annum. The question is, if they deny then we will apply for MTR and they deny that too then do I have to leave from USA because I can't leave my wife like that cuz she has nobody after me here as she already got seperated from her family too as I did. We are very young. I am 23 and she is 19. We got married to have a dream to live together forever. I can't take her back with me to India cuz she is highly lactose intolerance person, doctors said she might die if she goes there cuz our food is 99% dairy. Please help...
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alien4ever
09-25 12:19 PM
Anyone have any answers?
Hi,
I have a friend in India who applied to a new H1B through a consultant, was lucky to get through the lottery but is now stuck in RFE because of issues with the consultant. He heard from someone else that the same consultant is getting rejects and is nervous that his case will get rejected too.
I've heard that while a H1B case is pending (before it is denied), one can apply a separate petition from another employer and is still considered a valid application that is within the quota as it is for the same applicant.
Does anyone have experience in this area? What do you recommend? I also plan to contact an attorney regarding this to help my friend.
Hi,
I have a friend in India who applied to a new H1B through a consultant, was lucky to get through the lottery but is now stuck in RFE because of issues with the consultant. He heard from someone else that the same consultant is getting rejects and is nervous that his case will get rejected too.
I've heard that while a H1B case is pending (before it is denied), one can apply a separate petition from another employer and is still considered a valid application that is within the quota as it is for the same applicant.
Does anyone have experience in this area? What do you recommend? I also plan to contact an attorney regarding this to help my friend.
more...
superdude
07-17 03:19 PM
Is there any legal issues?
Is it a good idea?
DHS will be rescinding its July 2 update and the initial July Visa Bulletin will take effect for 31 days � i.e., all employment-based green card categories (except for the �Other Workers� category) will be �current� and CIS will accept applications through August 17.
DHS will issue a press release to this effect later today.
Is it a good idea?
DHS will be rescinding its July 2 update and the initial July Visa Bulletin will take effect for 31 days � i.e., all employment-based green card categories (except for the �Other Workers� category) will be �current� and CIS will accept applications through August 17.
DHS will issue a press release to this effect later today.
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Prashanthi
05-28 03:15 PM
Yes thats what it means
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HalfDog
03-26 12:54 PM
Pretty neat.
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neeidd
07-14 03:29 PM
Your priority date is not yet current. It will be in August.
Also you need to prove that you have exhausted all ways to get it adjudicated.
InfoPass - Eitherway its useless
Approaching your senator.
If none of these work then you apply for WOM
Otherwise your case will be weak and be thrown out
Thanks a lot for the reply, gcpool
Regards
Also you need to prove that you have exhausted all ways to get it adjudicated.
InfoPass - Eitherway its useless
Approaching your senator.
If none of these work then you apply for WOM
Otherwise your case will be weak and be thrown out
Thanks a lot for the reply, gcpool
Regards
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wandmaker
11-27 03:57 PM
go_getter007: Your Last Updated Date (LUD) will change whenever they touch your file, which means a person has touched your file or an auto touch (soft touch , no case status change in case of soft touch). As of now, Online system is not perfectly synced with actual case status system. Hope this helps.
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sounakc
03-22 09:41 AM
thanks guys...
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Prashanthi
05-28 03:15 PM
Yes thats what it means
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apb
03-18 02:32 PM
AT JFK. Just showed AP and passport. Went through US citizen/resident line, again to separate counter and no questions. Very cool and very very friendly CBP officers.
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GMKrishna
08-11 03:37 PM
You can re-file a denied I-140. In my case, first I-140 was denied in 2006 but never received the denial notice, so time for appeal lapsed. However, during 2007 July, we concurrently filed using the same labor. The second I-140 was approved in 2009. Both the I-140s were processed by Nebraska Service Center.
Hence, based on my experience, you can refile but you should be able to over come or at least have strong enough reasons to over come the cause of initial denial.
I am not sure on how to deal with with-drawl of your existing appeal and 485 petitions.
As far as 180 day rule of labor is concerned, my understanding is that, based on USCIS clarification, it only applies to initial filing of I-140 petition but not for re-filing as long as the original I-140 was filed with in permitted time. You can go through websites of Murthy / Rajiv Khanna for authentic information on this.
Good Luck,
Hence, based on my experience, you can refile but you should be able to over come or at least have strong enough reasons to over come the cause of initial denial.
I am not sure on how to deal with with-drawl of your existing appeal and 485 petitions.
As far as 180 day rule of labor is concerned, my understanding is that, based on USCIS clarification, it only applies to initial filing of I-140 petition but not for re-filing as long as the original I-140 was filed with in permitted time. You can go through websites of Murthy / Rajiv Khanna for authentic information on this.
Good Luck,
dskhabra
12-01 11:13 AM
One of my friends travelled in the same situations. No questions asked at port of entry(Chicago). He was little worried like you and was short of time to get the visa stamped but it went fine.
sbabunle
05-20 12:46 AM
There was a report on Mathew Oh's site that
some people travelled in 2008 got a messed up I-94
forms( printing bug). So whoever travelled in 2008
may want to have a very good look at their I-94 and
correct it if needed.
suresh
some people travelled in 2008 got a messed up I-94
forms( printing bug). So whoever travelled in 2008
may want to have a very good look at their I-94 and
correct it if needed.
suresh
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