Prashanthi
05-21 11:17 AM
When the USCIS finds out and makes a determination that you are out of status, that is when you will be in trouble, or if you go outside the country for a visa, if they notice that you W-2 has a very low amount, they may refuse to give you a visa. When you file the transfer if the USCIS finds out that you have violated your status, they will still approve you h-1 for consular processing, they may not approve your request for a transfer.
tuhin
07-16 01:36 PM
Thanks deecha.. I will keep the gang in loop... The future role will be of a chief architect. So I believe it is aligned with my current labor application. But can I even move using an EAD (hence dropping my H1) and then file my EB2 in the new company? The reason I am confused is, we used an H1 b visa to file the labor, not sure if a labor can be filed using an EAD.
sriswam
06-29 12:57 PM
Is there any quota on filing the I 140s? My friend requested his employer for upgrading his 140 and he says that the attorney mentioned that the quota for I 140 is already full. I don't think it is right. Any inromation please.
There is no quota. The employer can file for I-907 diectly without invoving the lawyer. The attorneys are not likely to help you now since they are swamped. I'd say ask the employer to file today. Else wait a month!
There is no quota. The employer can file for I-907 diectly without invoving the lawyer. The attorneys are not likely to help you now since they are swamped. I'd say ask the employer to file today. Else wait a month!
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a_yaja
01-06 04:39 PM
My wife is on H4 and is exploring the posibility of converting to a H1. She recently went for her first interview and the people over there told her that there is a new rule for H4 to H1B conversion. According to them, she needs to go to India and get her H1B stamped before she can start working. Is this true? As far as I know, all one needs is an approved I-797 (for I-129 petition) indicating that the approval is for change of status to H1B (meaning that the approval notice has a I-94).
Please let me know if there is any merit in the above statement?
Please let me know if there is any merit in the above statement?
more...
raysaikat
10-10 11:37 AM
Thank you very much for all your support.
Do I need to inform him before I leave ? because he is with his relative place. What is the process for that ?
This is a domestic problem, not an immigration one. Legally, a dependent is assumed to _depend_ on you. Anyway, just give him a call/send an email/letter informing that his stay would be illegal after you leave.
If I leave without informing him, then what he can do on me ?
Legally, nothing.
Do I need to inform him before I leave ? because he is with his relative place. What is the process for that ?
This is a domestic problem, not an immigration one. Legally, a dependent is assumed to _depend_ on you. Anyway, just give him a call/send an email/letter informing that his stay would be illegal after you leave.
If I leave without informing him, then what he can do on me ?
Legally, nothing.
arihant
03-14 04:43 PM
http://www.germany.info/relaunch/info/consular_services/visa/transit.html
after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold
do not need an airport transit visa
I presume the above is what you are referring to. My wife (on H4) and I (on H1B) are planning to fly to India later this year on Lufthansa. Both of our Visas have expired although we hold valid H extension approval notices. Will we need transit visas or will the above rule apply? Any body with experience of similar situation?
after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold
do not need an airport transit visa
I presume the above is what you are referring to. My wife (on H4) and I (on H1B) are planning to fly to India later this year on Lufthansa. Both of our Visas have expired although we hold valid H extension approval notices. Will we need transit visas or will the above rule apply? Any body with experience of similar situation?
more...
gemini23
07-27 03:21 PM
thanks for all the answers.
rajuram
06-19 09:42 PM
Before posting, please ask yourself if it is worth taking the risk when all you have to do is to wait for months to get travel documents. It is a personal decision!!!
more...
cagcwait
02-21 05:00 PM
Info posted by BerkeleyBee in a different thread. This should be in the Resources section..
************************************************** ********
BerkeleyBee's post in CA - Meet the Lawmakers thread
Meeting with Dianne Feinstein's staff
--------------------------------------------------------------------------------
Feb 15, 2006
Today, four members of IV met with 3 staffers from Dianne Feinstein�s office in San Francisco.
Two constituent services representatives, who deal with immigration problems on a daily basis (helping people with labor cert, I-140, I-485, security check etc problems) and one assistant field representative who interfaces with the Senator�s staff in DC on a whole host of issues.
We spent 1.5 hours with them. We went through our presentation, answering questions and giving examples all the way. Then we spent some time talking about how they could help us, suggestions about what IV should do, and how we could work with them. All in all it was an excellent meeting � they were riveted through out � asked lots of questions and were very supportive.
TAKEAWAYS
1.Getting the Word Out to Lawmakers
� They all said they learned a lot from our presentation � the people who deal with immigration problems on a nitty gritty daily level didn�t know the big picture on legal immigration, and the field representative didn�t know anything about the particular problems of legal EB immigrants.
� The field representative said she had had three meeting with immigration related groups that day already, and that the Senator�s staff has been hearing about immigration a lot BUT this was the first time she was hearing about legal skilled immigrants!!
� They thought our goals were reasonable and that they would be supportive. They thought we should reach out to as many other lawmakers as possible
BOTTOM LINE: Do you want favorable legislation not to pass simply because people didn�t know about our problems??? No! We need to get the word out.
2.Content
� They repeatedly said they were impressed with our presentation (go check it out).
� They liked the fact that we had an easy to read table which showed which of the current bills addressed some of our goals.
� They liked the fact that we printed and bound two copies of the presentation to give them.
� We also gave them copies of our tri-fold brochure
� We also gave them a number tabbed, bound copy of the following
-Must Read Documents on Legal Skilled Immigration
a) CIS Ombudsman's Report:
http://www.dhs.gov/interweb/assetlib...eport_2005.pdf
b) GAO Report on Backlogs at USCIS
http://www.gao.gov/new.items/d0620.pdf
c) Exec Summary of NAS Rising Above a Gathering Storm
http://fermat.nap.edu/catalog/11463.html
d) How Visa Date Cutoffs Are Established from July 2000 Bulletin
http://dosfan.lib.uic.edu/ERC/visa_b...7bulletin.html
e) President�s Economic Report: Chapter 2: Skills for the U.S. Workforce.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
3.Action Items
� We decided to keep in touch � I will follow up on the feedback they get from the Senator�s DC staffers.
� They wanted to know more about how our meetings with other lawmakers are going.
� I offered to act as source of facts and examples for their office on these issues � since I have read the relevant documents and data carefully.
� They suggested that we keep reaching out to members of the House � especially those who are in states without a lot of tech sector firms � those are the people who are least likely to know about our existence, let alone our problems.
BOTTOM LINE: I will keep in touch with all three, sharing talking points and getting feedback.
4. Lessons for future meetings with lawmakers/ Lessons for other states
� Do not be intimidated by the idea of initiating a meeting with the staffers of lawmaker � they do this all the time, and are friendly, easy to talk to, it is their job to listen to you� just put yourselves in the mindset of someone telling a story to a friendly audience.
� Get organized, print and bind copies of the presentation and additional docs listed above to give to them.
� Do a dry run of the talk, so that you build a narrative patter to go with the slides � this worked really well in this meeting.
� Whenever possible use examples from the experience of the IV members present to illustrate the point in the slide � for example when we were doing the I-485 Life with and Without Slide, we used Ollie and Neha�s experiences with layoffs and partner not being able to work
� Ask how you can follow up with them, what they would like you to do
� Write to thank them for their time and reiterate your basic points
************************************************** ********
BerkeleyBee's post in CA - Meet the Lawmakers thread
Meeting with Dianne Feinstein's staff
--------------------------------------------------------------------------------
Feb 15, 2006
Today, four members of IV met with 3 staffers from Dianne Feinstein�s office in San Francisco.
Two constituent services representatives, who deal with immigration problems on a daily basis (helping people with labor cert, I-140, I-485, security check etc problems) and one assistant field representative who interfaces with the Senator�s staff in DC on a whole host of issues.
We spent 1.5 hours with them. We went through our presentation, answering questions and giving examples all the way. Then we spent some time talking about how they could help us, suggestions about what IV should do, and how we could work with them. All in all it was an excellent meeting � they were riveted through out � asked lots of questions and were very supportive.
TAKEAWAYS
1.Getting the Word Out to Lawmakers
� They all said they learned a lot from our presentation � the people who deal with immigration problems on a nitty gritty daily level didn�t know the big picture on legal immigration, and the field representative didn�t know anything about the particular problems of legal EB immigrants.
� The field representative said she had had three meeting with immigration related groups that day already, and that the Senator�s staff has been hearing about immigration a lot BUT this was the first time she was hearing about legal skilled immigrants!!
� They thought our goals were reasonable and that they would be supportive. They thought we should reach out to as many other lawmakers as possible
BOTTOM LINE: Do you want favorable legislation not to pass simply because people didn�t know about our problems??? No! We need to get the word out.
2.Content
� They repeatedly said they were impressed with our presentation (go check it out).
� They liked the fact that we had an easy to read table which showed which of the current bills addressed some of our goals.
� They liked the fact that we printed and bound two copies of the presentation to give them.
� We also gave them copies of our tri-fold brochure
� We also gave them a number tabbed, bound copy of the following
-Must Read Documents on Legal Skilled Immigration
a) CIS Ombudsman's Report:
http://www.dhs.gov/interweb/assetlib...eport_2005.pdf
b) GAO Report on Backlogs at USCIS
http://www.gao.gov/new.items/d0620.pdf
c) Exec Summary of NAS Rising Above a Gathering Storm
http://fermat.nap.edu/catalog/11463.html
d) How Visa Date Cutoffs Are Established from July 2000 Bulletin
http://dosfan.lib.uic.edu/ERC/visa_b...7bulletin.html
e) President�s Economic Report: Chapter 2: Skills for the U.S. Workforce.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
3.Action Items
� We decided to keep in touch � I will follow up on the feedback they get from the Senator�s DC staffers.
� They wanted to know more about how our meetings with other lawmakers are going.
� I offered to act as source of facts and examples for their office on these issues � since I have read the relevant documents and data carefully.
� They suggested that we keep reaching out to members of the House � especially those who are in states without a lot of tech sector firms � those are the people who are least likely to know about our existence, let alone our problems.
BOTTOM LINE: I will keep in touch with all three, sharing talking points and getting feedback.
4. Lessons for future meetings with lawmakers/ Lessons for other states
� Do not be intimidated by the idea of initiating a meeting with the staffers of lawmaker � they do this all the time, and are friendly, easy to talk to, it is their job to listen to you� just put yourselves in the mindset of someone telling a story to a friendly audience.
� Get organized, print and bind copies of the presentation and additional docs listed above to give to them.
� Do a dry run of the talk, so that you build a narrative patter to go with the slides � this worked really well in this meeting.
� Whenever possible use examples from the experience of the IV members present to illustrate the point in the slide � for example when we were doing the I-485 Life with and Without Slide, we used Ollie and Neha�s experiences with layoffs and partner not being able to work
� Ask how you can follow up with them, what they would like you to do
� Write to thank them for their time and reiterate your basic points
panks
04-02 12:07 PM
Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
Regarding your H1B status, please read the following newsletter from murthy.com
Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.
Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.
As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.
IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
Regarding your H1B status, please read the following newsletter from murthy.com
Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.
Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.
As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.
IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.
more...
vin13
01-15 03:40 PM
I agree.
Visa Recapture or remove country limit for skilled labor (EB category). these would probably be the only ones that will fly.
Maybe they should also keep it low key so less people oppose it;)
Send it through when Mr.King is on vacation:D
Visa Recapture or remove country limit for skilled labor (EB category). these would probably be the only ones that will fly.
Maybe they should also keep it low key so less people oppose it;)
Send it through when Mr.King is on vacation:D
ttdam
10-02 04:08 PM
Hi gchopeful
Sorry to hear about denial
Was your case @ NSC/TSC ? EB2 or EB3 ?
Mine is A2P RFE as well from TSC !
Thank you
Sorry to hear about denial
Was your case @ NSC/TSC ? EB2 or EB3 ?
Mine is A2P RFE as well from TSC !
Thank you
more...
smisachu
12-13 03:59 PM
Another thing is whay do you want to get into EB2???:confused::confused:
Did you not see the Jan 08 bulletin? EB2 India is behind EB3 and on the brink of the last century:mad::mad:
Of course this is assuming you are from India, if you are not; then 3 cheers for you. Study up and move out of the GC mess.
I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
Did you not see the Jan 08 bulletin? EB2 India is behind EB3 and on the brink of the last century:mad::mad:
Of course this is assuming you are from India, if you are not; then 3 cheers for you. Study up and move out of the GC mess.
I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
delhis_007
12-28 11:12 AM
Hi,
I am in a similar position and have decided to go back to school in USA. My PD is Jan 2004 EB2, and I am sure I am not going to hit the jackpot before Sep 07. Is there any possible way I can save my GC?
Thanks in advance.
Vijay
I am in a similar position and have decided to go back to school in USA. My PD is Jan 2004 EB2, and I am sure I am not going to hit the jackpot before Sep 07. Is there any possible way I can save my GC?
Thanks in advance.
Vijay
more...
acecupid
08-21 05:51 PM
Did you file directly to NSC or TSC?
DAte, time etc.
Thanks in advance!
Applied at NSC and was received on 16th July at 9:30am
DAte, time etc.
Thanks in advance!
Applied at NSC and was received on 16th July at 9:30am
cris
08-30 10:59 AM
now, I'm really confused . Based of the last comments, she or he (I'm not familiar with indian names- sorry ) travelled outside USA while application for extension was pending . and got approved AFTER arrival .
guys, there is something, somewhere to read or to get a proper information ?
guys, there is something, somewhere to read or to get a proper information ?
more...
eb3India
05-22 09:22 AM
Admin,
I do understand core members have fulltime job I mentioned earlier I volunteer to do some research in this subject.
However I don't want re-invent the wheel and I was expecting a very simple answers and pointers on the subject
for example, if someone had spent time on this, they could simply answer yes and provide some links etc where I get more answers.
as I write I am googling on this subject and will provide my findings
between, guys we are all in a same boat we should work collective to get out of this mess
I do understand core members have fulltime job I mentioned earlier I volunteer to do some research in this subject.
However I don't want re-invent the wheel and I was expecting a very simple answers and pointers on the subject
for example, if someone had spent time on this, they could simply answer yes and provide some links etc where I get more answers.
as I write I am googling on this subject and will provide my findings
between, guys we are all in a same boat we should work collective to get out of this mess
gc1024
07-17 07:00 PM
Thanks man.
snathan
02-09 09:23 PM
Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
Celebrate the good news and donate here at
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
Celebrate the good news and donate here at
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
amdee
09-22 02:14 PM
I asked 6 other H1B ppl today to register to this site.
Hi all,
Since we have close to 6000 members now, let each one of us make a goal to bring one new member to IV. Bringing just one new member by each of the existing members will double the IV membership. Simple Math, huh :D
Time: Sooner the better. Keep a goal to take a week to bring one new member.
Now the new members make a goal of bringing one additional new member. That will be their goal. Create a ripple effect. Apply compounding theory. We then sure are going to reach great membership numbers.
No one will believe if you say that you cannot bring one new member being in USA. No excuses. Not asking too much, please just bring one new member and enjoy the results!
Thanks
Hi all,
Since we have close to 6000 members now, let each one of us make a goal to bring one new member to IV. Bringing just one new member by each of the existing members will double the IV membership. Simple Math, huh :D
Time: Sooner the better. Keep a goal to take a week to bring one new member.
Now the new members make a goal of bringing one additional new member. That will be their goal. Create a ripple effect. Apply compounding theory. We then sure are going to reach great membership numbers.
No one will believe if you say that you cannot bring one new member being in USA. No excuses. Not asking too much, please just bring one new member and enjoy the results!
Thanks
telekinesis
10-20 07:52 AM
Get the educational version! Much cheaper and is fully functional!
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