absaarkhan
01-31 04:07 PM
Advance Parole should be Approved when the Beneficiary is in US.
Per Law Advance Parole Can be Used ONLY WHEN IT IS Approved when the Beneficiary is in US.
Thats the Opinion of Sheela Murthy and Rajiv Khanna too.
Per Law Advance Parole Can be Used ONLY WHEN IT IS Approved when the Beneficiary is in US.
Thats the Opinion of Sheela Murthy and Rajiv Khanna too.
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MArch172008
05-23 03:32 PM
I am on H1 since 2005 and renewed last year and it is valid till april 2010.
Last year i joined directly to the client and they are processing my GC.
When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
So as back up i want to have a labour approve based on future employment and if possible have 140 processed.
guide me if this is not the correct thing to do...
regards
Last year i joined directly to the client and they are processing my GC.
When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
So as back up i want to have a labour approve based on future employment and if possible have 140 processed.
guide me if this is not the correct thing to do...
regards
franklin
07-11 06:03 PM
I can make some calls.
Thank you - I've just sent you a pm
Thank you - I've just sent you a pm
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mdcowboy
10-23 12:56 PM
Hi,
I have a question and would really appreciate if some one can provide guidance.
My brother (currently in USA) got his H1B approved and he plans to go to US embassy in Ottawa to get the visa. We know that the H1B visa can take days to get approved due to administrative processing; therefore, he plans to give the interview to the US embassy and then leave for Pakistan.
My question is that in how many days my bro has to go back again to US embassy in Ottawa to collect his visa after the embassy informs him that his visa is back from administrative processing and is ready for stamping.
For example lets say my BRO gives the interview to US embassy on 2nd Dec. and then leaves for Pakistan on 4th Dec (since the actual time of administrative processing is unknown) and now lets say on 15 Dec. the US embassy informs him that his visa is ready and he can come for stamping (collect). So now in how many days my brother has to report to the embassy to get his visa stamp on his passport?
Does any have any idea about it !!!!
Thanks
I thought if you were a first time H1-B filer, you need to go to your country of origin for stamping...correct me if I am wrong.
I have a question and would really appreciate if some one can provide guidance.
My brother (currently in USA) got his H1B approved and he plans to go to US embassy in Ottawa to get the visa. We know that the H1B visa can take days to get approved due to administrative processing; therefore, he plans to give the interview to the US embassy and then leave for Pakistan.
My question is that in how many days my bro has to go back again to US embassy in Ottawa to collect his visa after the embassy informs him that his visa is back from administrative processing and is ready for stamping.
For example lets say my BRO gives the interview to US embassy on 2nd Dec. and then leaves for Pakistan on 4th Dec (since the actual time of administrative processing is unknown) and now lets say on 15 Dec. the US embassy informs him that his visa is ready and he can come for stamping (collect). So now in how many days my brother has to report to the embassy to get his visa stamp on his passport?
Does any have any idea about it !!!!
Thanks
I thought if you were a first time H1-B filer, you need to go to your country of origin for stamping...correct me if I am wrong.
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prasadn
09-02 07:03 PM
I went to border and security deffered inspection site at Raliegh NC from this url
http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.
The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.
Interpretation of such a situation varies by CBP location/officer that you talk to. If they issue you a new I-94 I'd say you are lucky. We had deal with a similar situation about 6 months ago. Our lawyer clearly said "last action" always overrides I-797 and that one cannot work beyond the I-94 date. We crossed into Mexico by walk and walked back in with a new I-94. That way no ambiguity and peace of mind.
Hope this helps.
http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.
The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.
Interpretation of such a situation varies by CBP location/officer that you talk to. If they issue you a new I-94 I'd say you are lucky. We had deal with a similar situation about 6 months ago. Our lawyer clearly said "last action" always overrides I-797 and that one cannot work beyond the I-94 date. We crossed into Mexico by walk and walked back in with a new I-94. That way no ambiguity and peace of mind.
Hope this helps.
augustus
05-12 03:13 PM
His position requires Masters Degree
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perm2gc
11-08 07:57 PM
SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________
1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
Are you advertising your Law Office on the message board...????
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________
1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
Are you advertising your Law Office on the message board...????
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xlr8r
08-30 04:55 PM
Congratulations, buddy!
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viqu
06-05 11:30 AM
My 140 was transferred from VSC to NSC, I received a new receipt from NSC. The new receipt show it is taking 5 months to 6 months to process this kind of case. My concern is my old receipt date (01/28/2006) is lost? totally unfair!!!
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bond65
08-28 11:25 AM
kaisersose, is it mandatory for the beneficiary to sign the approved labor before attaching it to the I140 application ?
According to the legal assistant:
Traditional Labor:
Incase of substitution the beneficiary has to sign the approved labor. Otherwise it is not required.
PERM: Requires beneficiary's signature.
According to the legal assistant:
Traditional Labor:
Incase of substitution the beneficiary has to sign the approved labor. Otherwise it is not required.
PERM: Requires beneficiary's signature.
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vallabhu
05-29 10:21 PM
Check with attorney , there is rule which states last action counts and that means as soon you H1 is approved your status changed to H1, if h1 transfer is denied means you are out of status
try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.
try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.
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sumansk
09-28 04:44 PM
Its not ata ll meaningful....I just hate to see no order of processing taking place...still many guys with older filing dates waiting and guys filing as late as a week back gettign their receipts...system any where sucks man..
GOD REALLY NEED TO BLESS AMERICA....
GOD REALLY NEED TO BLESS AMERICA....
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mohitb272
12-11 03:11 PM
one way i am thinking of doing is asking for a EVL from the new company with the same kind of job description. 10 years ago, all these laws (to be in the same job description was having some meaning , people used to get GCs in less than a year), but these days it takes anywhere between 5-7 years, and how can uscis expect someone to be in the same description working for 7 years. it just doesnt make sense when you want to be competitive in the market.
Cannot agree with you more! USCIS - is any one listening???
Cannot agree with you more! USCIS - is any one listening???
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jcrajput
09-28 01:22 PM
NO. I did not receive any thing back yet.
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ch102
02-10 10:14 AM
We don't need CIR..... CIR for illegal
We just need GC without asking anything after working 10 years legally with paid all tax without hopeing for Social Security.
Everyone knows our problem don't get into CIR it will ultimately heart us and delay our GC if you are not aware of 245i which still in our way and it is for illegal immigrant.
Dont worry CIR will not happen !!!
The Oh Law Firm (http://www.immigration-law.com/)
OPM Notice indicates that the federal agencies will again remain closed today. USCIS Washington Offices will also remain closed today.
The House passed a concurrent resolution, H.Con.Res.235, yesterday to recess until 02/22/2010 (President's day), which the Senate is likely to concur today. It means no legislations for almost two weeks, zippo! Who said there would be a CIR 2010 legislation!? Dream on.
*****************************
Time is running out (http://www.immigration-information.com/forums/pending-immigration-legislation/10201-time-is-running-out.html)
Time is running out
As of today, there are at most 76 legislative days left for the Senate until the Labor Day recess. Since this is an election year, it is likely that Congress will adjourn shortly after Labor Day in order to allow members to campaign for re-election full time. So, at most, we have 76 legislative days left for the Senate to consider CIR.
As a practical matter, it is more like 30 legislative days until the clock runs out for CIR. By legislative days, I mean days that the Senate is in session. They take weekends and holidays off, as well as "district work periods." Also, they are not in session every day of every week.
We just need GC without asking anything after working 10 years legally with paid all tax without hopeing for Social Security.
Everyone knows our problem don't get into CIR it will ultimately heart us and delay our GC if you are not aware of 245i which still in our way and it is for illegal immigrant.
Dont worry CIR will not happen !!!
The Oh Law Firm (http://www.immigration-law.com/)
OPM Notice indicates that the federal agencies will again remain closed today. USCIS Washington Offices will also remain closed today.
The House passed a concurrent resolution, H.Con.Res.235, yesterday to recess until 02/22/2010 (President's day), which the Senate is likely to concur today. It means no legislations for almost two weeks, zippo! Who said there would be a CIR 2010 legislation!? Dream on.
*****************************
Time is running out (http://www.immigration-information.com/forums/pending-immigration-legislation/10201-time-is-running-out.html)
Time is running out
As of today, there are at most 76 legislative days left for the Senate until the Labor Day recess. Since this is an election year, it is likely that Congress will adjourn shortly after Labor Day in order to allow members to campaign for re-election full time. So, at most, we have 76 legislative days left for the Senate to consider CIR.
As a practical matter, it is more like 30 legislative days until the clock runs out for CIR. By legislative days, I mean days that the Senate is in session. They take weekends and holidays off, as well as "district work periods." Also, they are not in session every day of every week.
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jchan
08-01 11:52 AM
I am pleasantly surprised and would like to thank Sen Mendez on behalf of all the IV members in his constituency for sponsoring visa recapture bill in Senate. Few days back when we called his office, his position was different. But because of we all calling and requesting for his support, he graciouly has agreed to take up our case. Speaking with his staff, I came to know that more than thousand calls were made to his office in support of the visa recapture bill.
Are you sure he just changed his side? I think he was on the sponsor's list at least a couple weeks ago.
Either way, it's great news.
And we have at least 4,5 co-sponsors from CHC. Hopefully they won't create a problem this time around.
Are you sure he just changed his side? I think he was on the sponsor's list at least a couple weeks ago.
Either way, it's great news.
And we have at least 4,5 co-sponsors from CHC. Hopefully they won't create a problem this time around.
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Winner
04-21 02:26 PM
This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
Thanks Chandu. I'm not in this situation right now, but my comany is trying to force me to use my EAD instead of renewing my H1B, so I'm just looking for some vaild reasons which I can present them and request them to renew my H1B.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
Thanks Chandu. I'm not in this situation right now, but my comany is trying to force me to use my EAD instead of renewing my H1B, so I'm just looking for some vaild reasons which I can present them and request them to renew my H1B.
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shyamiv
07-23 11:52 AM
Hi Thanks for your inputs.
But both the employers are consultant.
One is in Fremont CA and other in Pittsburg. Both are offering almost same salary.
So which should be an better option, if they have a similar better client list?
pick the fremont ca if u want a cool summer or the other for a snowy winter !
But both the employers are consultant.
One is in Fremont CA and other in Pittsburg. Both are offering almost same salary.
So which should be an better option, if they have a similar better client list?
pick the fremont ca if u want a cool summer or the other for a snowy winter !
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rnanchal
02-05 03:46 PM
Please email me your details, I may be able to get you an observership spot. I do not promise, but I will try
singhsa3
10-22 01:00 PM
Some one gave me negative feedback on this thread.
To that person, why not you come out in open and discuss your problem.
To that person, why not you come out in open and discuss your problem.
amoljak
02-09 12:33 PM
Let's not forget that the reason Immigration Voices exists and the reason we are standing in the long line of immigration is exactly what David Brooks has outlined in the first few paragraphs.
If India and China were to blow by the US... why would we be here in the first place?
So instead of making an argument that you will be damned if you don't let us in (which is not entirely true), we should argue that US is a great country and a land of opportunities and we can help to make it even better...
If India and China were to blow by the US... why would we be here in the first place?
So instead of making an argument that you will be damned if you don't let us in (which is not entirely true), we should argue that US is a great country and a land of opportunities and we can help to make it even better...
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