Ramba
10-30 05:56 PM
your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.
However, your I-94 mess up may affect 485 (very little chance), if they analyze the entry exit dates and last action rule with microscope. Technically, (as per LOR) you were out of status in 2006. Though you got further H1B approval from 2007 to 2008, you were out-of status as per LOR. But it can be overcome easily, if they issue a RFE in 485. This has to be explained properly. I do not think POE made a mistake. They issue I-94 based based only on the expiry of the visa stamp.
However, your I-94 mess up may affect 485 (very little chance), if they analyze the entry exit dates and last action rule with microscope. Technically, (as per LOR) you were out of status in 2006. Though you got further H1B approval from 2007 to 2008, you were out-of status as per LOR. But it can be overcome easily, if they issue a RFE in 485. This has to be explained properly. I do not think POE made a mistake. They issue I-94 based based only on the expiry of the visa stamp.
mrajatish
08-15 09:30 AM
The answer to your question: It depends on your situation.
If you like your job, and willing to wait another 1-2 years (I gather you are from rest of the world), just stick it out, get your GC and leave. It is not always easy to get EB2 140 approval, especially now.
If it was a difference of 3-4 years, it is worth taking the risk, but for a difference of a year, do you want to go through the trouble?
If you like your job, and willing to wait another 1-2 years (I gather you are from rest of the world), just stick it out, get your GC and leave. It is not always easy to get EB2 140 approval, especially now.
If it was a difference of 3-4 years, it is worth taking the risk, but for a difference of a year, do you want to go through the trouble?
morchu
04-21 01:35 PM
See my answers below:
a) Yes. You need to file another H1B+COS and wait for its approval. Wont be counted in cap.
b) Yes, you can. It is a simple application. You may even travel outside of USA and get an H4 stamp from a US consulate in India/Canada/Mexico, without any COS application.
c) Yes you can file for AOS. But at the time of filing of AOS you should have an "intention" to join the employer permanently, and the offered permanent position should be available at that time, and the employer should have an "intention" to employ you permanently.
You can file for Consular Processing, but for that you might need to file an I-824 now.
Again the same things mentioned above for AOS applies.
-Morchu
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
thank you!
a) Yes. You need to file another H1B+COS and wait for its approval. Wont be counted in cap.
b) Yes, you can. It is a simple application. You may even travel outside of USA and get an H4 stamp from a US consulate in India/Canada/Mexico, without any COS application.
c) Yes you can file for AOS. But at the time of filing of AOS you should have an "intention" to join the employer permanently, and the offered permanent position should be available at that time, and the employer should have an "intention" to employ you permanently.
You can file for Consular Processing, but for that you might need to file an I-824 now.
Again the same things mentioned above for AOS applies.
-Morchu
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
thank you!
sirinme
12-02 02:38 PM
Not sure if I can make it in person, but I will contribute $100. This is on top of my monthly contribution.
more...
Dhundhun
09-02 08:47 PM
Folks,
Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin).
As part of my application necessary medical exam tests were conducted in May'08. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?
Also, on the forums there is a talk about medical forms being changed? Can anyone confirm?
Thanks in advance for all your responses.
As I remember, the validity is one year.
Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin).
As part of my application necessary medical exam tests were conducted in May'08. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?
Also, on the forums there is a talk about medical forms being changed? Can anyone confirm?
Thanks in advance for all your responses.
As I remember, the validity is one year.
suryamanikanth
04-17 02:23 PM
OP already mentioned the change was expected in the NOC list [On-Demand occupation list of Alberta]. Nobody told it would be closed after April 15. Did you see all the postings here before blaming others?
hey dude there's nothing in the url u posted once go to the website and click the the pressure list url.that is the actual Noc codes that are active.Today morning when i spoke to the immigraton officer in alberta he was the one who told me ok.
hey dude there's nothing in the url u posted once go to the website and click the the pressure list url.that is the actual Noc codes that are active.Today morning when i spoke to the immigraton officer in alberta he was the one who told me ok.
more...
amitjoey
12-04 01:21 PM
I am a Commercial/Industrial Architect and have allready had to turn down 2 jobs this year making double what i make here in hicksville Fresno CA due to the fact that i do not have a green card.
As far as the investor visa,i have looked into this too with my attorney and i am not elligible,even though i have the funds,due to the fact that my previous attorney did not file my papers on time in 2000 and therfore had to refile under 245i in 2001 and i am paying the price along with 30 other clients of the crooked attorney who ran away to another state.
My earnings this yr were above your guys fugures but Uncle Sam takes a very large chunk due to being single,no real estate in my name and no tax write offs.
lucky7: Are you a licenced architect? Construction Manager? or a Jun-Architect?. You said $92/hr
As far as the investor visa,i have looked into this too with my attorney and i am not elligible,even though i have the funds,due to the fact that my previous attorney did not file my papers on time in 2000 and therfore had to refile under 245i in 2001 and i am paying the price along with 30 other clients of the crooked attorney who ran away to another state.
My earnings this yr were above your guys fugures but Uncle Sam takes a very large chunk due to being single,no real estate in my name and no tax write offs.
lucky7: Are you a licenced architect? Construction Manager? or a Jun-Architect?. You said $92/hr
senthil
08-08 09:05 AM
roseball, agree. got same resp from my attorney while filing AOS for my wife
1) employment letter ( just sent original & copies too )
2) I-134 ( convinced that they will need this even for H4 dependent )
3) did not ask for W2's or pay stubs
4) of course original medicals in closed envelope
5) all previous H4 approvals + I94's and color photocopy of entire passport
6) photos and required cheque's
hope mrdelhiite is all set ?
Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......
1) employment letter ( just sent original & copies too )
2) I-134 ( convinced that they will need this even for H4 dependent )
3) did not ask for W2's or pay stubs
4) of course original medicals in closed envelope
5) all previous H4 approvals + I94's and color photocopy of entire passport
6) photos and required cheque's
hope mrdelhiite is all set ?
Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......
more...
brintonwhite
06-07 06:14 PM
nice stamps
paskal
08-22 03:04 PM
" Rally in each state" is a fantastic idea. Lets do it.
But lets concentrate on one location in Texas and for that matter in
every state to pack more punch.
I think everyone can drive to one common location in texas.
Since Austin is capital, i propose rally in Austin for Texas.
Let do it.
but has the unfortunate effect of diluting DC rally attendance and attention. plenty of fence sitters will not bother to travel. also the effect of a large DC rally is far far more significant that multiple small rallies. your good intentions are much appreciated...but please help with the main rally...we need a massive one!
But lets concentrate on one location in Texas and for that matter in
every state to pack more punch.
I think everyone can drive to one common location in texas.
Since Austin is capital, i propose rally in Austin for Texas.
Let do it.
but has the unfortunate effect of diluting DC rally attendance and attention. plenty of fence sitters will not bother to travel. also the effect of a large DC rally is far far more significant that multiple small rallies. your good intentions are much appreciated...but please help with the main rally...we need a massive one!
more...
spicy_guy
04-08 04:58 PM
I believe the intention of not moving too much beyond jul 06 , may be to make some spill over benfit happen to EB3 also. If they open the gate for EB2 now, lots of 485 application may come in and there may not be spill over to EB3. :)
Krupa
See how bad EB3 I shape is...
7,100 until 2002 Dec. That means, 2.5+ years before it hits Jan 1, 2003.
What about the people with PD > 2005. 33,400 / 2800 per year. 11+ years. :)
Retire!
Krupa
See how bad EB3 I shape is...
7,100 until 2002 Dec. That means, 2.5+ years before it hits Jan 1, 2003.
What about the people with PD > 2005. 33,400 / 2800 per year. 11+ years. :)
Retire!
gcisadawg
05-11 12:51 PM
Guys,
I have a long layover at New Delhi airport. I am reaching their at 8PM and my next flight in the morning at 7:30AM. Is there any accommodation facility within airport? Or Do i need to go to city? This is the first time, i am going through delhi airport. Any helpful comments are welcome. Thanks and appreciate your help.
There are so called 'executive lounges' in Mumbai airport. There is a good possibility of having them in Delhi Airport also. Check while you are waiting. They have people all over hawking these services. They charge around 30 to 50 USD per person.
I tried one in Mumbai airport. I paid the money, went to the shower and didnt find hotwater. When I checked they said "it is out of order"..So much for the executive lounge! I took my money back and came out!
GCisaDawg
I have a long layover at New Delhi airport. I am reaching their at 8PM and my next flight in the morning at 7:30AM. Is there any accommodation facility within airport? Or Do i need to go to city? This is the first time, i am going through delhi airport. Any helpful comments are welcome. Thanks and appreciate your help.
There are so called 'executive lounges' in Mumbai airport. There is a good possibility of having them in Delhi Airport also. Check while you are waiting. They have people all over hawking these services. They charge around 30 to 50 USD per person.
I tried one in Mumbai airport. I paid the money, went to the shower and didnt find hotwater. When I checked they said "it is out of order"..So much for the executive lounge! I took my money back and came out!
GCisaDawg
more...
ssdtm
10-13 03:34 PM
You are going there for a visa as a professional ( in IT, medicine etc). Dress like a professional. Need not be in a tie, but semi formal is recommended. How you carry yourself speaks about you. There is no rule, no norm, and no guideline but when it comes to communication, non-verbal communication counts a lot.
purplehazea
06-11 01:00 PM
This is a weak president making rhetorics which never pan out. He knows his time has come to step out and this is only an attempt to use his left over strength. Honestly the president no longer enjoys support of his own party members and this is only rhetoric. There is just not enough time to move this through senate, house and then agree on it all.
more...
neodyn55
07-30 11:45 PM
If you don't know the answer, please don't reply. Just because this person asked about getting GC through his/ her baby, it does not mean the person is here illegally or if even this person is in the US. I friend of mine died in an accident in Mumbai and he is survived by his wife and two kids (the kids were born here in the US). His wife asked me the same question and after asking my lawyer, I had to tell her that there is no way she can apply for GC through her children unless her children turn 21.
Oh don't be such a sourpuss. This is an internet forum, and the last I checked, there was no forum rule stating replies had to be relevant, to the point, and incredibly boring. What are you, a Hitler wannabe? No one's holding a gun to your head and forcing you to read the replies anyway. If it's that important, then the OP should ask a lawyer instead of posting in a free internet forum.
Lighten up.
Oh don't be such a sourpuss. This is an internet forum, and the last I checked, there was no forum rule stating replies had to be relevant, to the point, and incredibly boring. What are you, a Hitler wannabe? No one's holding a gun to your head and forcing you to read the replies anyway. If it's that important, then the OP should ask a lawyer instead of posting in a free internet forum.
Lighten up.
shree772000
10-15 05:17 PM
Considering the lowered cost of stock I am planning to gets my hands dirty in stock. But I don't have much knwoeldge about it. Also, by the time I find resouces to learn more about stock, the prices might ahve gone up.
So can anyone provide good online tools to know more about investing on stocks and buying stocks online...
Thanks
There are way better places than this forum to discuss about stocks. You will get much more response from those sites as the people there share similiar intrests as you. I do not understand the point in discussing stocks here.
Would you go to liquor store and buy groceries?
What you are trying to do is similiar.
So can anyone provide good online tools to know more about investing on stocks and buying stocks online...
Thanks
There are way better places than this forum to discuss about stocks. You will get much more response from those sites as the people there share similiar intrests as you. I do not understand the point in discussing stocks here.
Would you go to liquor store and buy groceries?
What you are trying to do is similiar.
more...
ash27
04-02 07:12 PM
Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.
Ramba
03-15 11:18 AM
Filing 485 during visa unavailability, should not be the concern in this bill. Why our people are worrying about filing AOS when visa number unavailable? Man, this should not be our concern at all. Our main concern should be reinstating the AC21 provision that allow the oversubscribed countries to use excess visas in each EB category. Specter removed very important provision that eliminate per country limit in EB visas for oversubscribed countries. This is a big blow to India, China. It will stop all the benefits from this bill.
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill
raysaikat
01-06 03:33 PM
Sincerest thanks for the information. Iam looking at criteria 1 to 10 in the list that you have provided. I believe that I can gather evidence to satisfy 2 criteria�s completely and maybe 1 partially, does that suffice or there is a rule that atleast say 4 / 10 or X / 10 should be satisfied as a minimum. Most of the criteria�s are actually meant for distinguished people in research, whereas my profile is more of an IT application developer / designer.
Please read the text in the USCIS page carefully. You need to clearly satisfy at least 3 criteria. In practice, you try to provide at least some evidence for most criteria.
Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that
"Evidence that the alien has judged the work of others, either individually or on a panel;"
This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.
The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.
Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).
In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.
Please read the text in the USCIS page carefully. You need to clearly satisfy at least 3 criteria. In practice, you try to provide at least some evidence for most criteria.
Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that
"Evidence that the alien has judged the work of others, either individually or on a panel;"
This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.
The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.
Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).
In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.
paskal
12-26 09:18 PM
call is on
please feel free to join
please feel free to join
cjain
11-13 09:32 AM
Tom,
This is completely false. Even if the employer revokes an un approved i-140, the I-485 is not affected if the following conditions are met:
- I-140 should've been "approvable when filed"
- New job should be in same/similar field
Read the Aytes Memo (google: aytes memo) for more clarification.
and stop spreading lies
The AC21 can be used only if the following 2 conditions are met:
a. I140 is approved.
b. 180 days after the receipt date of I1485.
One may leave the employer even before the 180 days or before the 140 approval with a risk that the emploeyer will not revoke I140 and no RFE comes for 485. The safest is to use AC21 only after the I140 approval.
If 180 days passed (485 receipt date) and if I140 is approved, there is no problem even if the employer revokes the I140 after you move the company. You may get an RFE to produce the offer letter from the new company.
This is completely false. Even if the employer revokes an un approved i-140, the I-485 is not affected if the following conditions are met:
- I-140 should've been "approvable when filed"
- New job should be in same/similar field
Read the Aytes Memo (google: aytes memo) for more clarification.
and stop spreading lies
The AC21 can be used only if the following 2 conditions are met:
a. I140 is approved.
b. 180 days after the receipt date of I1485.
One may leave the employer even before the 180 days or before the 140 approval with a risk that the emploeyer will not revoke I140 and no RFE comes for 485. The safest is to use AC21 only after the I140 approval.
If 180 days passed (485 receipt date) and if I140 is approved, there is no problem even if the employer revokes the I140 after you move the company. You may get an RFE to produce the offer letter from the new company.
No comments:
Post a Comment