gccovet
11-24 01:24 PM
my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..
bnk96,
Sorry to hear that, could you please PM pd_recapturing?
Thank you.
GCCovet
bnk96,
Sorry to hear that, could you please PM pd_recapturing?
Thank you.
GCCovet
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va_dude
04-21 02:18 PM
Sad story indeed.
But the website yesterday indicated that they had collected the funds to take care of moving Mahesh and his stuff to India, and that's why they stopped the collections.
So what are you guys contributing to then?
But the website yesterday indicated that they had collected the funds to take care of moving Mahesh and his stuff to India, and that's why they stopped the collections.
So what are you guys contributing to then?
yogeshmanohar
07-19 10:55 AM
We are travelling next month from SFO on advance parole and expired I 94 and expired visa stamp in passport (but valid I 797) . I 140 is approved and we have EAD.
I was little worried about PoE scrutiny.. Above posts have made me little more comfortable about the travel.
Thanks guys.
I was little worried about PoE scrutiny.. Above posts have made me little more comfortable about the travel.
Thanks guys.
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sparky_jones
03-15 03:29 PM
Hi attorneys/seniors,
Getting confused about the online status.
Today morning my employer got mail from VSC saying that their received date is 03/12/2010
Status check online by 10:30 AM(03/15/2010)
Status:Initial Review
Date received shown:03/12/2010
Status check online by 1:00 PM(03/15/2010)
Status:Acceptance
Date received shown:03/15/2010
Status went back from Inital review to Acceptance and date also changed from 03/12/2010 to 03/15/2010.
Got confused.
How it works normally?
Online case status can be confusing and sometimes incorrect. Your employer has paid for premium processing, which entitles them to contact USCIS through dedicated premium processing channels. They respond very quickly on these channels. Urge your employer to contact them, if there are any doubts about the status.
Getting confused about the online status.
Today morning my employer got mail from VSC saying that their received date is 03/12/2010
Status check online by 10:30 AM(03/15/2010)
Status:Initial Review
Date received shown:03/12/2010
Status check online by 1:00 PM(03/15/2010)
Status:Acceptance
Date received shown:03/15/2010
Status went back from Inital review to Acceptance and date also changed from 03/12/2010 to 03/15/2010.
Got confused.
How it works normally?
Online case status can be confusing and sometimes incorrect. Your employer has paid for premium processing, which entitles them to contact USCIS through dedicated premium processing channels. They respond very quickly on these channels. Urge your employer to contact them, if there are any doubts about the status.
more...
Cheran
02-26 10:00 AM
I am not sure, whether she can continue her studies on F1 without getting stamped. There are conflicting reports all over the web. I have 2 family members who are students and they are in H4. Both wanted to convert to F1 but they were informed that they should get it stamped. I think you get SSN and all those fun stuff in F1 which you don't in H4. Do analyze before you act.
raysaikat
03-28 11:01 PM
Saikat,
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
Note that "status" is different from "visa".
Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).
Coming to the denial, what denial are you referring to? There are many situations.
In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.
Now supposing that you do not quit your school:
(i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.
(ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.
In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.
(iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
Note that "status" is different from "visa".
Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).
Coming to the denial, what denial are you referring to? There are many situations.
In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.
Now supposing that you do not quit your school:
(i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.
(ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.
In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.
(iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.
more...
st4rguitar
04-06 02:02 PM
Hi All,
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
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Outkastpb231
11-02 05:59 PM
There are many members here, who are looking to get better and get some experience just like you. Maybe you can team up with someone, and do some cool projects to build a portfolio, etc.
Also you should make yourself a website displaying your work that you have now.
:thumb:
I am currently trying to acquire a partner, preferably someone with skills in ActionScripting and PHP, I have a candidate but he also has some bids with other people.
Also you should make yourself a website displaying your work that you have now.
:thumb:
I am currently trying to acquire a partner, preferably someone with skills in ActionScripting and PHP, I have a candidate but he also has some bids with other people.
more...
Ajaykumar
11-06 11:23 AM
Hi All,
Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.
1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.
2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?
3. How long I can continue with future employment in the GC process?
4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?
5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.
All the best!!!
-
Regards
Ajaykumar
Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.
1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.
2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?
3. How long I can continue with future employment in the GC process?
4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?
5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.
All the best!!!
-
Regards
Ajaykumar
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questions
06-10 10:45 AM
Thanks Kothuri.
I am trying to understand if this would help much as it has no legal baring and is worth spending the $. My funds are limited and have to choose wisely without jeopardizing my chances... :o
My understanding is that it might help, but it will ultimately be up to the INS/consulate to take this into account.
Does anyone has any experience with this and if so how was the nunc pro tunc taken into account?
I am trying to understand if this would help much as it has no legal baring and is worth spending the $. My funds are limited and have to choose wisely without jeopardizing my chances... :o
My understanding is that it might help, but it will ultimately be up to the INS/consulate to take this into account.
Does anyone has any experience with this and if so how was the nunc pro tunc taken into account?
more...
Hassan11
04-09 12:47 PM
49 views of this thread and no replies. Please anybody out there, any suggestions or answers? Thank you
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kewlchap
08-21 03:13 PM
The words in red are standard for an EVL (employment verification letter) request. That is nothing to be scared of.
more...
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Deepika
08-14 04:38 PM
Its really requires lot of planning and a tough decision to make. Some of our friends say you get good package if you find the job while you are in US and then go.
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student79
04-04 09:18 AM
Thank you Guru's sharing your expereince here..
I have one more question, please advise.
now what if I apply for F1 visa and it get approve say 2 months before her actual class start date. as soon her F1 will get approve she will be on F1 status , so is there any problem she stay on F1 for some period before her actual class start.
for example her actual class will start from 1st of August 2011 and we apply for her F1 on 1st may and it get approve by 15th May and from the approval date of F1 (15th May) she will be on F1 status. but as said actual class will start from 1st Aug 2011, so is there any problem or illegal if she stay on F1 from 15th May 2011 TO 31st July 2011 (75 days) on F1 without her actual class starts ?
My wife already have H4 extension which is valid until 2013.
Thanks,
I have one more question, please advise.
now what if I apply for F1 visa and it get approve say 2 months before her actual class start date. as soon her F1 will get approve she will be on F1 status , so is there any problem she stay on F1 for some period before her actual class start.
for example her actual class will start from 1st of August 2011 and we apply for her F1 on 1st may and it get approve by 15th May and from the approval date of F1 (15th May) she will be on F1 status. but as said actual class will start from 1st Aug 2011, so is there any problem or illegal if she stay on F1 from 15th May 2011 TO 31st July 2011 (75 days) on F1 without her actual class starts ?
My wife already have H4 extension which is valid until 2013.
Thanks,
more...
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eb3retro
04-09 01:27 PM
hassan,
If I were you I would keep the AP also in hand, just in case, you know to be on the safe side. we spend so much money in this freakin GC journey, may be AP is worth it, cos, you dont want issues after spending 24 hours of travelling of facing this crap in the POE.
If I were you I would keep the AP also in hand, just in case, you know to be on the safe side. we spend so much money in this freakin GC journey, may be AP is worth it, cos, you dont want issues after spending 24 hours of travelling of facing this crap in the POE.
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cleopatra
02-07 10:57 AM
We did check that. What we wanted was I.T project manager, but it got classified as CIS Manager.
We cannot change the job from Project manager to Computer systems analysts.
I am going to be promoted as Project manager, so we need to get a PM role.
Is there anyone who got "Project Manager" in EB2 classification?
We cannot change the job from Project manager to Computer systems analysts.
I am going to be promoted as Project manager, so we need to get a PM role.
Is there anyone who got "Project Manager" in EB2 classification?
more...
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gg_ny
02-16 02:56 PM
http://www.immigrationportal.com/archive/index.php/t-191393.html
Please find answers to your question here. I forgot the actual pages from USCIS red book but a simple logic states that 485 background screening is atrociously longer than the one done after filing for H1B application. That means they are different (or ought to be).
Am I understanding this right ?
FOR H1/L1 They do a FBI background check
FOR I-485/CP They do a Name Check
Regarding long names, longer the better as told by my lawyer! I think they do a series of checks with: common variants, substring matches, binomial match etc. Hence (assuming you are from India) if you are (for eg.) Randy Kumar or Randy Krishnamurthysarma, you can take a guess which combination would be less common..
This is intended in a not-so-serious sense as I dont have any insight or inside view of FBI functionings...
Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.
Please find answers to your question here. I forgot the actual pages from USCIS red book but a simple logic states that 485 background screening is atrociously longer than the one done after filing for H1B application. That means they are different (or ought to be).
Am I understanding this right ?
FOR H1/L1 They do a FBI background check
FOR I-485/CP They do a Name Check
Regarding long names, longer the better as told by my lawyer! I think they do a series of checks with: common variants, substring matches, binomial match etc. Hence (assuming you are from India) if you are (for eg.) Randy Kumar or Randy Krishnamurthysarma, you can take a guess which combination would be less common..
This is intended in a not-so-serious sense as I dont have any insight or inside view of FBI functionings...
Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.
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help_please
10-05 11:01 AM
I found an article that explains the 180 day rule a little better. I believe it is called section 245(k). You should definitely get advice through an experienced attorney to make sure.
http://64.233.169.104/search?q=cache:kryvq9A7YjkJ:www.murthy.com/adjsta.html+section+245k&hl=en&ct=clnk&cd=1&gl=us
http://64.233.169.104/search?q=cache:kryvq9A7YjkJ:www.murthy.com/adjsta.html+section+245k&hl=en&ct=clnk&cd=1&gl=us
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GC_1000Watt
02-01 03:24 PM
How about multiple submissions? :D
ronhira
10-17 04:49 PM
A message from President Obama too.
The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)
who cares...... well..... 'ignorant' 'inward looking' 'large ego' 'nothing to ask' 'nothing to do' desi care.....
what difference does it make if google has an icon or wh/obama send a message on dewali...... its only symbolism..... not a cent more...... few jerks will claim "victory" for getting wh lights..... but does it help even a single soul with his/her problems...... absolutely not..... so don't tell me that google icon of dewali or lights in wh has any relevance..... this topic is for those who have no real issue to talk and no real problem in life...... but are simply busy stroking their own inward looking large egos....... anybody disagree? ...... guess not.....
The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)
who cares...... well..... 'ignorant' 'inward looking' 'large ego' 'nothing to ask' 'nothing to do' desi care.....
what difference does it make if google has an icon or wh/obama send a message on dewali...... its only symbolism..... not a cent more...... few jerks will claim "victory" for getting wh lights..... but does it help even a single soul with his/her problems...... absolutely not..... so don't tell me that google icon of dewali or lights in wh has any relevance..... this topic is for those who have no real issue to talk and no real problem in life...... but are simply busy stroking their own inward looking large egos....... anybody disagree? ...... guess not.....
SL%%
08-18 09:27 PM
hi sl
which service center is processing your application ?
nsc
which service center is processing your application ?
nsc
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