bestia
07-17 02:48 AM
cover letter doesn't matter. they don't want it, more over you made officer read extra page of stuff... :) creating backlogs :)
hopelessGC
04-28 11:44 AM
Very similar issue happened with my relative just a couple of months ago.
Her I-140 was denied and H1-B expired in January 2009. There was nothing she could do. The company refused to extend H1-B based on the old labor and applied for a new labor instead. The issue with her I-140 was an incorrectly filed labor under EB2 instead of EB3.
Now she quickly moved to B1 (Visitor visa) on the suggestion of her lawyer to maintain status.
Since you have the option of renewing your H1-B, that is probably the best thing to do. Good luck to you :)
Her I-140 was denied and H1-B expired in January 2009. There was nothing she could do. The company refused to extend H1-B based on the old labor and applied for a new labor instead. The issue with her I-140 was an incorrectly filed labor under EB2 instead of EB3.
Now she quickly moved to B1 (Visitor visa) on the suggestion of her lawyer to maintain status.
Since you have the option of renewing your H1-B, that is probably the best thing to do. Good luck to you :)
tdasara
11-22 08:27 AM
getgreened2010
As I understand if you don't have a valid US visa (Or Canadian visa) Airline might not let you board even when going to India. Please, check with your airline.
As I understand if you don't have a valid US visa (Or Canadian visa) Airline might not let you board even when going to India. Please, check with your airline.
raysaikat
07-28 08:12 PM
--
-- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.
You missed the point.
1. Every member of your family must have AP in possession before s/he leaves US so that his/her I-485 application is not considered abandoned.
2. S/he do not need to use AP when s/he reenters. S/he can only show his/her H1-B/H4.
In other words, it is the following scenario that you must avoid: "A person leaves US before s/he has his/her AP document in possession".
-- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.
You missed the point.
1. Every member of your family must have AP in possession before s/he leaves US so that his/her I-485 application is not considered abandoned.
2. S/he do not need to use AP when s/he reenters. S/he can only show his/her H1-B/H4.
In other words, it is the following scenario that you must avoid: "A person leaves US before s/he has his/her AP document in possession".
more...
aat0995
09-23 01:24 PM
Soft LUD for me. It was so soft that it didnt even update the date.
New term: Very Soft LUD. No visible change to the naked eye, but something is cooking behind the scenes regarding your case
And how to you differentiate between soft lud and very soft lud?:o
New term: Very Soft LUD. No visible change to the naked eye, but something is cooking behind the scenes regarding your case
And how to you differentiate between soft lud and very soft lud?:o
krishnam70
07-05 11:55 AM
What has happened has happened. Maybe USCIS and/or DOS did goof up. Or maybe they really did want to reduce the backlog and use up all the available visas, and with all the good faith they could muster, worked themselves into a frenzy and on morning of July 2nd, they realized their blunder.
All the talk of lawsuits and class action, IMHO, is just a gravy train by the lawyers and for the lawyers. We, the 485 filers will just extras in their lush production. What kind of remedy do we expect? The Visa Bulletin is ex cathedra guidance, but subject to revision, even if there is no precedent for such revision. There is no law that spells out the formulation of the monthly Visa Bulletins. It is merely an administrative guidance tool, no different from a train schedule, with all of its implicit caveats.
Anyhow, hard as it is, we have to hunt for the silver lining in this episode. I think if this story got enough traction as a shining example of shoddy treatment of people who respect and follow the law, and contribute positively, in every sense of the word, to the well being of the United States, we will have it in play. Intervention from the Executive and Legislative branch could then be elicited. Individually, all of us should lay out our cases, respectfully and in good detail, to the Senators and Congressmen of our areas, to let them gauge the enormity of the problem at hand. This would be dream issue for the Senators and Congress people to attend to if it gains the critical mass. Doing whatever is required to right this wrong has no downside for any of them. They can even credit themselves for somehow rescuing a remedy out of the CIR fiasco. They can be the heroes here.
The New York Times and The Wall Street Journal have already run the story. We need to build up on this. Even the Lou Dobbs and law-and-order types in the public arena can be roped in on this one. After all, we are trying to immigrate the right way, by fastidiously following the law, and dropping significant chunks of dollars all around while doing so.
If our efforts lead to recapturing of unused prior-year visa numbers, a relaxation in per-country limits, a delay on the filing-fee increases, and perhaps some movement on the SKIL Bill, we will have a net gain.
That guy will do more harm than help us. My opinion thought. He speaks from his point of view only..
All the talk of lawsuits and class action, IMHO, is just a gravy train by the lawyers and for the lawyers. We, the 485 filers will just extras in their lush production. What kind of remedy do we expect? The Visa Bulletin is ex cathedra guidance, but subject to revision, even if there is no precedent for such revision. There is no law that spells out the formulation of the monthly Visa Bulletins. It is merely an administrative guidance tool, no different from a train schedule, with all of its implicit caveats.
Anyhow, hard as it is, we have to hunt for the silver lining in this episode. I think if this story got enough traction as a shining example of shoddy treatment of people who respect and follow the law, and contribute positively, in every sense of the word, to the well being of the United States, we will have it in play. Intervention from the Executive and Legislative branch could then be elicited. Individually, all of us should lay out our cases, respectfully and in good detail, to the Senators and Congressmen of our areas, to let them gauge the enormity of the problem at hand. This would be dream issue for the Senators and Congress people to attend to if it gains the critical mass. Doing whatever is required to right this wrong has no downside for any of them. They can even credit themselves for somehow rescuing a remedy out of the CIR fiasco. They can be the heroes here.
The New York Times and The Wall Street Journal have already run the story. We need to build up on this. Even the Lou Dobbs and law-and-order types in the public arena can be roped in on this one. After all, we are trying to immigrate the right way, by fastidiously following the law, and dropping significant chunks of dollars all around while doing so.
If our efforts lead to recapturing of unused prior-year visa numbers, a relaxation in per-country limits, a delay on the filing-fee increases, and perhaps some movement on the SKIL Bill, we will have a net gain.
That guy will do more harm than help us. My opinion thought. He speaks from his point of view only..
more...
payal_nag
12-07 04:58 PM
Hi,
I had a somewhat similar situation, had to get my name changed on the passport to my married name. Its been 2.5 weeks since I sent everything to Indian Consulate , SF and have not received my new passport back. I have had to cancel my travel plans as well as my appointment at the new delhi consulate.
So please keep ample provision for the passport to come back when making travel plans.
- payal
I had a somewhat similar situation, had to get my name changed on the passport to my married name. Its been 2.5 weeks since I sent everything to Indian Consulate , SF and have not received my new passport back. I have had to cancel my travel plans as well as my appointment at the new delhi consulate.
So please keep ample provision for the passport to come back when making travel plans.
- payal
meghanap2000
09-09 03:35 PM
This is the always problem with USCIS in porting PD. In my case they have put PD as 485 application received date. The only solution to this is ..Keep your attorney in the loop and ask them to send letters repeatedly and call the customer service center repeatedly..
There is no other way you can correct the PD. In my case I had an interview with officer and we gave both i-140 documents and told officer PD was printed wrong on interview letter. Officer said she will look into it and we dont know whether she corrected it or not.
Once your dates are current, please keep calling them and follow up thru AILA and congressman and senators office etc..This task can be done by your attorney also.
There is no other way you can correct the PD. In my case I had an interview with officer and we gave both i-140 documents and told officer PD was printed wrong on interview letter. Officer said she will look into it and we dont know whether she corrected it or not.
Once your dates are current, please keep calling them and follow up thru AILA and congressman and senators office etc..This task can be done by your attorney also.
more...
eb3retro
03-04 05:15 PM
Is there anything i can do on H4 visa??
Yes, you can do your household work or volunteer in some local libraries or hospitals.
Yes, you can do your household work or volunteer in some local libraries or hospitals.
kart2007
11-19 01:48 PM
Yes ,I had the same issue, try now its working good
Thanks, I will try now.
BTW USPS does not forward federal emails (and the ones where return service is requested). It may depend upon you luck if they forward it. However they do hold such mails for pickup (which is what i have done).
Thanks, I will try now.
BTW USPS does not forward federal emails (and the ones where return service is requested). It may depend upon you luck if they forward it. However they do hold such mails for pickup (which is what i have done).
more...
Rockford
07-16 12:39 PM
I called them this morning and IO told me that my file has been assigned to an officer. What does this mean? Can anyone tell me?
Thanks
Can you share your PD and when did you file I485 ?
Thanks
Can you share your PD and when did you file I485 ?
panky72
06-25 05:07 PM
sure, pls verify with lawyer to be safe
common consensus seems to be -->
if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)
hope this helps...
I agree with bekugc. I had a consultation with my attorney few days ago and he told me essentially the same thing.
common consensus seems to be -->
if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)
hope this helps...
I agree with bekugc. I had a consultation with my attorney few days ago and he told me essentially the same thing.
more...
devan
11-13 05:04 PM
Thanks much for all your responses. As per your suggestion, i talked to the lawyer office, they asked me the three affidavits and sent the response today.
Thanks
Devan
Thanks
Devan
godbless
05-31 07:46 PM
I'm surprised that with a November 2001 PD that you are getting an interview already, since EB-3 is still retrogressed--EB3 world is only at July 1 2001 for June 2006
The PD fot EB3 is April 07 2001 I think. Anyway.... there should not be a cause for concern. The reason you got an AOS interview is that USCIS is adjudicating cases pending Visa availability. If there had been a concern then there would have been another RFE on it. You should be happy that some progress has taken place.
Cheers!!!!!!
The PD fot EB3 is April 07 2001 I think. Anyway.... there should not be a cause for concern. The reason you got an AOS interview is that USCIS is adjudicating cases pending Visa availability. If there had been a concern then there would have been another RFE on it. You should be happy that some progress has taken place.
Cheers!!!!!!
more...
shanti
08-07 10:04 AM
http://www.hooyou.com/lc/perm_eb2vseb3.html
The job has to have a SVP greater than 8. If SVP is lower than 8 but they say that there is a business need for EB2 then you will need a level 3 salary -or higher-, if SVP is greater than 8 and is a job zone 5 then it has to be greater than level 1 for the area.
Anyways it is a great question for the conference with the lawyer. http://online.onetcenter.org/find/re...=software&g=Go
The job has to have a SVP greater than 8. If SVP is lower than 8 but they say that there is a business need for EB2 then you will need a level 3 salary -or higher-, if SVP is greater than 8 and is a job zone 5 then it has to be greater than level 1 for the area.
Anyways it is a great question for the conference with the lawyer. http://online.onetcenter.org/find/re...=software&g=Go
maheshf
02-20 09:00 PM
bump
more...
SSSarkar
06-25 11:42 AM
My company is paying all the cost except medical exam and photos.
ashkam
03-25 08:17 AM
How come they cannot consider my EAD, Official transcripts, Graduate status letter?
Regarding Status letter, I have seen students applying like this and getting query later. What do you say about the students graduating in May (who files like me with OPT card and status letter) and applying for H1 in April?
You can postpone your graduation but you need to have completed all your credit hours and thesis work if any before you can apply on the master's degree quota. That is what people use their status letters for, to tell the USCIS that they have completed all degree requirements but will graduate later. In your case, since you haven't finished your degree requirements and will not do so by the time you apply for your H1B, the status letter is of no use.
Regarding Status letter, I have seen students applying like this and getting query later. What do you say about the students graduating in May (who files like me with OPT card and status letter) and applying for H1 in April?
You can postpone your graduation but you need to have completed all your credit hours and thesis work if any before you can apply on the master's degree quota. That is what people use their status letters for, to tell the USCIS that they have completed all degree requirements but will graduate later. In your case, since you haven't finished your degree requirements and will not do so by the time you apply for your H1B, the status letter is of no use.
amsgc
09-10 12:08 AM
You should request your new employer to do Premium Processing on your H-1B petition.
You will get a response from USCIS in 2 weeks and you will know for sure whether it has been approved/rejected or if USCIS needs more evidence. If it is approved, you will also know whether it was approved with Change of status (i.e. I94 attached), or whether you are required to leave the country and re-enter on a H-1B visa.
If new evidence needs to be submitted, then you will get a response within two weeks of submitting additional evidence.
The fee for Premium processing is $1000. Note that the beneficiary of the petition (you in this case) is legally allowed to pay the fee for premium processing. But, only the petitioner (your future employer) can file the application for Premium processing.
As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen.
The lawyers on this forum can advise you better.
i don't know what to do right now.i stayed over april 2009 which is the end of my i-94 because i have a pending petition of immigrant as a nurse.And my lawyer said i am allowed to stay until october 2009. But now the problem is I was filed as H1b by another employer so is it possible that they will approve me here?My lawyer said that when i received already the notice of receipt i can stay here while waiting for the approval.And when my approval comes with 1-94 on it i don't have to leave the US but when it has been approved without i-94 i will leave the US for consular processing asap and re-enter here as h1 status.HELP i really don't know what to believe anymore!at the moment i am waiting for my notice of receipt in h1b visa.I only have until oct to get a result for the approval!please advice me what is the best I can do!THANKS:)
You will get a response from USCIS in 2 weeks and you will know for sure whether it has been approved/rejected or if USCIS needs more evidence. If it is approved, you will also know whether it was approved with Change of status (i.e. I94 attached), or whether you are required to leave the country and re-enter on a H-1B visa.
If new evidence needs to be submitted, then you will get a response within two weeks of submitting additional evidence.
The fee for Premium processing is $1000. Note that the beneficiary of the petition (you in this case) is legally allowed to pay the fee for premium processing. But, only the petitioner (your future employer) can file the application for Premium processing.
As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen.
The lawyers on this forum can advise you better.
i don't know what to do right now.i stayed over april 2009 which is the end of my i-94 because i have a pending petition of immigrant as a nurse.And my lawyer said i am allowed to stay until october 2009. But now the problem is I was filed as H1b by another employer so is it possible that they will approve me here?My lawyer said that when i received already the notice of receipt i can stay here while waiting for the approval.And when my approval comes with 1-94 on it i don't have to leave the US but when it has been approved without i-94 i will leave the US for consular processing asap and re-enter here as h1 status.HELP i really don't know what to believe anymore!at the moment i am waiting for my notice of receipt in h1b visa.I only have until oct to get a result for the approval!please advice me what is the best I can do!THANKS:)
Prashant
05-22 11:04 AM
Hello..
I guess the apointment dates are not yet open for nov 06 .. I had the same issue with chennai consulate I was trying to book one in nov 06 .. all these days it said no appointments for nov .. they just opened them (nov dates) up today for chennai consulate .. so I picked one..
Delhi .. I am not sure wat dates are current .. if it shows JUne/July currently u may need have to check every now and then until nov dates open up
I have taken mine and my wifes appointment for the same day.. In the process of your application on VFS it asks wether u want to add another passport .. u need to provide the second HDFC recipt #
You have to have ur petition no.. (SRC #) ..
I guess the apointment dates are not yet open for nov 06 .. I had the same issue with chennai consulate I was trying to book one in nov 06 .. all these days it said no appointments for nov .. they just opened them (nov dates) up today for chennai consulate .. so I picked one..
Delhi .. I am not sure wat dates are current .. if it shows JUne/July currently u may need have to check every now and then until nov dates open up
I have taken mine and my wifes appointment for the same day.. In the process of your application on VFS it asks wether u want to add another passport .. u need to provide the second HDFC recipt #
You have to have ur petition no.. (SRC #) ..
gc_rip
06-18 01:33 PM
..
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