sunny02
08-18 01:35 PM
Hi Everyone,
Have a question
My wife came to USA on H4 (2007), we have applied for H1 this year(2008)and is it approved (we did not received the petition yet). She has to travel back to india for a month from (Sep 08 - Mid Oct08). I am concerned about the issues/status when she enters back in USA. Her H4 is valid till Sep-2009.
1) Can she go back on H4 visa and return back with the same H4 visa. Will she be having any issues at the Immigartion officer at port of entry. If so, what type of questions she has to face?
2)After coming back, will her H1 have any issues ?
What would be the best thing to do .. I am really worried about this status issues.
Can any one of you pls let me know how to face this .
Have a question
My wife came to USA on H4 (2007), we have applied for H1 this year(2008)and is it approved (we did not received the petition yet). She has to travel back to india for a month from (Sep 08 - Mid Oct08). I am concerned about the issues/status when she enters back in USA. Her H4 is valid till Sep-2009.
1) Can she go back on H4 visa and return back with the same H4 visa. Will she be having any issues at the Immigartion officer at port of entry. If so, what type of questions she has to face?
2)After coming back, will her H1 have any issues ?
What would be the best thing to do .. I am really worried about this status issues.
Can any one of you pls let me know how to face this .
rsrikant
11-02 12:34 PM
See signature for details:
can you let us know why u'r 140 denied? may be it can be useful for some of us how to open motion for appeal..
thanks,
srikanth
can you let us know why u'r 140 denied? may be it can be useful for some of us how to open motion for appeal..
thanks,
srikanth
niklshah
08-25 11:02 PM
Hi all!
I did quick search on this website and notice nothing about infopass experience at Detroit, MI office ( ... I am sure someone smarty pants is going to say I didn't search hard enough), anyway I wanted to share my expereience, so started this thread.
I have apointment tommorow, and will share what happened ( or didn't). If you had been already thru this, please feel free to share pointers.
Regards and Peace!
I had info pass at detroit office last year regarding my EAD application. They were of no help, they called just in few minutes but it was of no help guy was really rude and he did not want to see any documents which i wanted to show him. so it was of no use. than i went to Senator Levin's office and they were of real good help they followed up on my case and i got my approval in couple of days.
anyways
good luck for your meeting.
I did quick search on this website and notice nothing about infopass experience at Detroit, MI office ( ... I am sure someone smarty pants is going to say I didn't search hard enough), anyway I wanted to share my expereience, so started this thread.
I have apointment tommorow, and will share what happened ( or didn't). If you had been already thru this, please feel free to share pointers.
Regards and Peace!
I had info pass at detroit office last year regarding my EAD application. They were of no help, they called just in few minutes but it was of no help guy was really rude and he did not want to see any documents which i wanted to show him. so it was of no use. than i went to Senator Levin's office and they were of real good help they followed up on my case and i got my approval in couple of days.
anyways
good luck for your meeting.
n4nature
02-05 11:59 AM
Hello,
I graduated with a MS degree and I had 4 years of experience (on H1B) as a Test Engineer. I changed the job to a Software Engineer after 4 years. I am now applying for my labor certification for EB2 category. Do I have to apply as MS + 4 years of experience as a Test Engineer position only? (Since my past experience is as a Test Engineer?) OR Can I apply MS + 0 years of experience as a Software Engineer?
Or is there any other combination, that would help approve labor in EB2?
I am aware about the "MS degree requirement" in the position requirements for the case to qualify in the EB2 category and the employer is willing to do that.
Thanks in advance for all your insights.
I graduated with a MS degree and I had 4 years of experience (on H1B) as a Test Engineer. I changed the job to a Software Engineer after 4 years. I am now applying for my labor certification for EB2 category. Do I have to apply as MS + 4 years of experience as a Test Engineer position only? (Since my past experience is as a Test Engineer?) OR Can I apply MS + 0 years of experience as a Software Engineer?
Or is there any other combination, that would help approve labor in EB2?
I am aware about the "MS degree requirement" in the position requirements for the case to qualify in the EB2 category and the employer is willing to do that.
Thanks in advance for all your insights.
more...
rahulpaper
08-03 08:32 AM
3 year extension is availabe only if your PD is not current and 140 is approved. 1 year extension is only available when you have GC process started 365 day prior. You can go between 1 year and 3 year extensions (depending on PD situation).
I am not sure about the change of employer part...because your 3 year extension is tied to 140 which is tied to an employer...I am not sure if one is able to maintain H1B status if one invokes ac21 or use EAD in 8/9/10/11 th etc year. The new employer can always start the process (before hiring you) from begining..and have PERM and 140 approved and then you can transfer H1b to new employer. (because you are able to tie it to new approved 140). BTW...you will still save the priority date too..
I am not an lawyer. The information provided here is my personal opinion.
I am not sure about the change of employer part...because your 3 year extension is tied to 140 which is tied to an employer...I am not sure if one is able to maintain H1B status if one invokes ac21 or use EAD in 8/9/10/11 th etc year. The new employer can always start the process (before hiring you) from begining..and have PERM and 140 approved and then you can transfer H1b to new employer. (because you are able to tie it to new approved 140). BTW...you will still save the priority date too..
I am not an lawyer. The information provided here is my personal opinion.
a_yaja
12-17 10:08 AM
Dear Yaja,
Thanks for your detailed response and i see that there is a valid point in yours.
Pl. let me know If i go for stamping even with out any paystub from the new employer? (joining after 15 days(1-15)) My new employer has agreed to give a letter of employment. Is that enough for the stamping?. If the consulate officer asks for the latest pay stub in my case, can I tell him that I do not have and I have only the old employers pay stub?
Thanks in anticipation.
Regards,
Raj
Yes - that should be good enough. You can tell the visa officer that you just joined the new employer and still do not have any paystubs from them. Get a letter from the new employer with the starting date. That should be good enough. Take all the paystubs from the old employer. Just be truthful and honest and don't worry - you should get your visa without any problem.
Thanks for your detailed response and i see that there is a valid point in yours.
Pl. let me know If i go for stamping even with out any paystub from the new employer? (joining after 15 days(1-15)) My new employer has agreed to give a letter of employment. Is that enough for the stamping?. If the consulate officer asks for the latest pay stub in my case, can I tell him that I do not have and I have only the old employers pay stub?
Thanks in anticipation.
Regards,
Raj
Yes - that should be good enough. You can tell the visa officer that you just joined the new employer and still do not have any paystubs from them. Get a letter from the new employer with the starting date. That should be good enough. Take all the paystubs from the old employer. Just be truthful and honest and don't worry - you should get your visa without any problem.
more...
gmpa
01-17 01:20 PM
My H1 and family's H4 non-premium extensions were applied on 10/12/07 and approved from Vermont last week on 1/10/08. Approvals not yet physically received. These extensions were on the basis of approved I-140 and retrogressed EB-3 PD.
cherupally
09-10 10:51 PM
EB2 - India - July 2005
RD - 7/26/2007
ND - 09/27/2007
Hard LUD on I-485 on 9/3/08 saying that RFE was sent on 9/2. RFE recvd on 9/8. Last date to reply RFE by 10/6.
Hope this helps
RD - 7/26/2007
ND - 09/27/2007
Hard LUD on I-485 on 9/3/08 saying that RFE was sent on 9/2. RFE recvd on 9/8. Last date to reply RFE by 10/6.
Hope this helps
more...
cbpds
04-28 12:27 PM
Right on the point !!, the funniest part is not all the Dem senators themselves support the immigration bill, check out how many dems opposed the motion 3 years back :)
Yes, I firmly believe that Harry Reid will bring CIR to the floor. He will bring it crashing down to the floor.
People, this is just garbage spewing out of these politicians' bodily orifices.
Yes, I firmly believe that Harry Reid will bring CIR to the floor. He will bring it crashing down to the floor.
People, this is just garbage spewing out of these politicians' bodily orifices.
desi485
07-28 05:45 PM
if his EAD has been pending for 90 days, USCIS says you can enquire about getting an interim EAD. I dont know of anyone recently who has got an interim EAD though...
Having said that, how long back did he apply for the renewal and at what center? Based on some stats NSC is taking anywhere from 60 to 90 days for EAD approval (even mine has now been pending for over 4 weeks). TSC has been faster. So if its NSC, and its <90 days, hang on a bit, you might just get the approval soon.
sent recently to lawyer, may be still on the way to NSC. His current EAD expires by last week of september. This leaves window of less than 60 days. I am sure there will be so much of workload as all JULY Filers would be renewing the EADs.
Having said that, how long back did he apply for the renewal and at what center? Based on some stats NSC is taking anywhere from 60 to 90 days for EAD approval (even mine has now been pending for over 4 weeks). TSC has been faster. So if its NSC, and its <90 days, hang on a bit, you might just get the approval soon.
sent recently to lawyer, may be still on the way to NSC. His current EAD expires by last week of september. This leaves window of less than 60 days. I am sure there will be so much of workload as all JULY Filers would be renewing the EADs.
more...
pappu
03-23 03:15 PM
If someone can scan this thread
http://immigrationvoice.org/forum/showthread.php?t=23555
and PM those people who said they are affected, it would help.
http://immigrationvoice.org/forum/showthread.php?t=23555
and PM those people who said they are affected, it would help.
willgetgc2005
03-23 03:05 PM
I am in San Diego. I can meet lawmakers here.Pls let me know. Has core team already woprked on CONGRESSMAN BILBRAY as he is the head of the immigration committee ?
I've just got all the info for setting up conference call and meeting with the lawmakers "info" kit.
Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great
I'll post to the yahoo group shortly.
Here're the details on NC_Immigration_Voice:
Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
Group email address: NC_Immigration_Voice@yahoogroups.com
It is our time to seize the reigns and kick start some momentum
I've just got all the info for setting up conference call and meeting with the lawmakers "info" kit.
Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great
I'll post to the yahoo group shortly.
Here're the details on NC_Immigration_Voice:
Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
Group email address: NC_Immigration_Voice@yahoogroups.com
It is our time to seize the reigns and kick start some momentum
more...
lskreddy
10-10 02:03 PM
Paranoia at its helm. There are things that protect you like AC-21 when you don't have a GC. You have a GC, move on to the client job..
The only concern is if you had a contract signed with your consulting firm that you would not join your client for x number of years yada yada, so check your contract, if nothing is in there, you should be fine..
The only concern is if you had a contract signed with your consulting firm that you would not join your client for x number of years yada yada, so check your contract, if nothing is in there, you should be fine..
bhagat69
04-23 10:54 PM
Only PD 2003 2004 for EB2's are getting approvals, what about EB3's ??
more...
nareshg
12-16 06:17 PM
They might be sending second FP notice every 15mnths of first/consecutive FP's done once it expires in their system..wait for that notice and dont worry about it now..
Thanks all for your replies...perhaps my question is not clear...I would have posted a new thread but was not easily able to figure out how to do so...
Will try to ask my question again...
I am not worried about when my FP expires and things on those lines....
my questions is for jobs that require green card or citizenship... there are some federal jobs out there that require security clearance....and for which they need either green card holders or citizen I beleive...
Now if one has an EAD (no green card yet, 485 pending for more than 1 year) and has got his/her FP done in FEB 2008 what does that mean...does it mean that once you have your FP done there is some kind of security clearance that you get from FBI ?...can you say you have active security clearance..if so what kind of security clearance is that called ?...as I said when I went for the Biometrics/FP (Code 3) they stamped the notice with the following
Biometrics Processing Stamp
ASC Side Code: __________XTE<location>
Biometrics QA Review by ________ (officer's signature)
Tenprints QA Reivew (officer's signature)
Thanks Gurus !!
Thanks all for your replies...perhaps my question is not clear...I would have posted a new thread but was not easily able to figure out how to do so...
Will try to ask my question again...
I am not worried about when my FP expires and things on those lines....
my questions is for jobs that require green card or citizenship... there are some federal jobs out there that require security clearance....and for which they need either green card holders or citizen I beleive...
Now if one has an EAD (no green card yet, 485 pending for more than 1 year) and has got his/her FP done in FEB 2008 what does that mean...does it mean that once you have your FP done there is some kind of security clearance that you get from FBI ?...can you say you have active security clearance..if so what kind of security clearance is that called ?...as I said when I went for the Biometrics/FP (Code 3) they stamped the notice with the following
Biometrics Processing Stamp
ASC Side Code: __________XTE<location>
Biometrics QA Review by ________ (officer's signature)
Tenprints QA Reivew (officer's signature)
Thanks Gurus !!
msp1976
06-25 09:53 PM
My H4 spouse left the country for vacation on May 25 (before h4 expiry)
Attorney filed 7th year ext and I 539 on Jun14.
My 6th year of H1 ended on Jun 17.
The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.
Once your wife is not in this country..she would not be eligible to file 539...
But I do not think your head needs to explode...All you have to do now is to send your extension papers to wife back home and get her H4 stamped...
Without a stamp she cannot come back and by leaving country she abandoned the I539....
It is OK ...you shall live....Your attorney is gonna tell you the same thing tomorrow..
Attorney filed 7th year ext and I 539 on Jun14.
My 6th year of H1 ended on Jun 17.
The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.
Once your wife is not in this country..she would not be eligible to file 539...
But I do not think your head needs to explode...All you have to do now is to send your extension papers to wife back home and get her H4 stamped...
Without a stamp she cannot come back and by leaving country she abandoned the I539....
It is OK ...you shall live....Your attorney is gonna tell you the same thing tomorrow..
more...
alvin
01-18 11:01 PM
As far as I know:
if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.
if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.
bikram_das_in
06-18 11:50 PM
could you please explain?
UPDATED my original post: also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?
You will get your H1B extended pending appeal on PERM.
UPDATED my original post: also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?
You will get your H1B extended pending appeal on PERM.
no-tec
10-15 10:49 PM
theres other ones but i guess these are the best for "grunge"
waitingmygc
01-19 12:01 PM
You have only 2 options:
Either postpone your vacations or get new visa stamping on your passport.
If opting for new visa stamping on your passport then mentally prepared to stay for a bit longer time if in case.
Better ask your attorney, I believe he will suggest you the same.
Either postpone your vacations or get new visa stamping on your passport.
If opting for new visa stamping on your passport then mentally prepared to stay for a bit longer time if in case.
Better ask your attorney, I believe he will suggest you the same.
alvin
01-18 11:01 PM
As far as I know:
if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.
if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.
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