martinvisalaw
06-29 05:14 PM
Hi Martin,
Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.
If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.
I think you'll find the answer in the FAQs on my website. I say there:
"You can travel while the extension is pending, however there could be some complications if you return on an old, unexpired, visa after the extension has been approved. If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
If you travel before your visa has expired, and you have an extension approval, you should show both the old, unexpired, visa and the extension approval, to the immigration officer and you should get the extension end date on your new I-94."
Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.
If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.
I think you'll find the answer in the FAQs on my website. I say there:
"You can travel while the extension is pending, however there could be some complications if you return on an old, unexpired, visa after the extension has been approved. If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
If you travel before your visa has expired, and you have an extension approval, you should show both the old, unexpired, visa and the extension approval, to the immigration officer and you should get the extension end date on your new I-94."
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vishwak
10-25 10:43 AM
I believe applying for PIO is best.
I applied for my Son sometime back in NY and got approval in 3 weeks.
Not sure how it is in now and also depends on Consulate.
I applied for my Son sometime back in NY and got approval in 3 weeks.
Not sure how it is in now and also depends on Consulate.
Anders �stberg
June 18th, 2005, 11:18 PM
On my monitor it looks too grey and washed out... I guess what this shows is there is a big difference in monitors, the printed product is perhaps what counts in the end. I've been thinking of replacing my monitors, they are getting old and I can't get them quite right according to the Eye One calibration software.
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Dhundhun
10-24 01:55 PM
Rates vary for 4 months, 6 months and 1 year return tickets. Decide as per your convenience.
Why someone would give red dot for this?
I think, site is being attacked by terrorists, want to annoy everyone. Admins, find out guys and take appropriate actions.
Why someone would give red dot for this?
I think, site is being attacked by terrorists, want to annoy everyone. Admins, find out guys and take appropriate actions.
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dealsnet
08-04 03:28 PM
I think the abused spouse cause is for the people getting GC with family based catagory. The temporary GC holder after marriage can do this with the help of the lawyer. The spouse abuse and all kind od stuff, to get GC if the husband/wife is not supportive. I know a person got that way after he is abused by his wife and got separated after she bring him from India.
For employment based GC, she yet to file I-485, I don't think she can file forcefully without the help of her husband. Employment based GC for the dependants is a permanent one, not like family based upon marriage.
Talk with a lawyer to find out the options.
Best way is to reconcile with the husband.
She/her friends can discuss this with her husband. If he supports apply for 485 and wait till the approval of that . She can file divorce after that.
If her husband is not supportive and doesnt want to add her for 485 then there is a special category (I dont remember the exact thing)/something like under certain circumstances ( which is like you are Abandoned by husband without no fault of your own and if you go back your hubbys family is going to harass you ...) This u need to check with a lawyer
Rajesh
For employment based GC, she yet to file I-485, I don't think she can file forcefully without the help of her husband. Employment based GC for the dependants is a permanent one, not like family based upon marriage.
Talk with a lawyer to find out the options.
Best way is to reconcile with the husband.
She/her friends can discuss this with her husband. If he supports apply for 485 and wait till the approval of that . She can file divorce after that.
If her husband is not supportive and doesnt want to add her for 485 then there is a special category (I dont remember the exact thing)/something like under certain circumstances ( which is like you are Abandoned by husband without no fault of your own and if you go back your hubbys family is going to harass you ...) This u need to check with a lawyer
Rajesh
frostrated
07-06 12:44 PM
you should be fine. do you have a valid transit visa? i think you need to have one if you are travelling through the European Union.
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Kevin Sadler
June 16th, 2005, 09:59 AM
this is going to be very subjective. even though there is detail less black in the first one in the nect area i think it "looks" fine. in my opinion there is too much detail less black in the second one, that makes it "look" too dark. also the first one is sooo good there's not much you can do with the second one to bring it to that level. thx, kevin
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Macaca
12-07 10:53 AM
May be you got lucky. AFAIK, transfers from non-profit/edu to for profit are always counted against the H1B visa number availability.
I did not hear anything from my lawyer about this issue. Neither did this issue come to my mind. It is possible that I got my H1B in the category for US degree holders. I am not a lucky guy.
Your arguments are logical.
I wonder what happens to your status if you apply for a tranfer from non-cap to capped H1B and the quota is over. Can you stay legally in the country?
I did not hear anything from my lawyer about this issue. Neither did this issue come to my mind. It is possible that I got my H1B in the category for US degree holders. I am not a lucky guy.
Your arguments are logical.
I wonder what happens to your status if you apply for a tranfer from non-cap to capped H1B and the quota is over. Can you stay legally in the country?
more...
saurav_4096
06-16 10:00 PM
How does AC21 will come into play when a person files I-485 with the letter from employer that employment will be availabe once green card is issued.
Does person has to join the employer after green card is issued ? As Green card will be availabe only after 180 days of filing.
Gurus, if someone knows such please reply.
Thanks
Saurav
Does person has to join the employer after green card is issued ? As Green card will be availabe only after 180 days of filing.
Gurus, if someone knows such please reply.
Thanks
Saurav
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mps
08-15 05:00 PM
:p You just killed spirit of "AC21"
:D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !
I noticed a flaw in GC process with respect to �Ability to pay� and �AC21�
Here are the definitions
Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.
AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.
Let�s consider the following scenario
1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.
2) I-140 gets approved and I-485 is pending for more than 180 days.
3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.
4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.
5) I-485 gets approved.
Here is the flaw. USCIS doesn�t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.
What if company C is running in loss and not in a position to pay the proffered wage.
Why should USCIS make a big deal out of ability to pay when it�s not checked across all employers where the beneficiary intends to work?
:D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !
I noticed a flaw in GC process with respect to �Ability to pay� and �AC21�
Here are the definitions
Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.
AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.
Let�s consider the following scenario
1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.
2) I-140 gets approved and I-485 is pending for more than 180 days.
3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.
4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.
5) I-485 gets approved.
Here is the flaw. USCIS doesn�t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.
What if company C is running in loss and not in a position to pay the proffered wage.
Why should USCIS make a big deal out of ability to pay when it�s not checked across all employers where the beneficiary intends to work?
more...
whitecollarslave
04-17 05:53 PM
Interesting case posted by lazycis. This is a good example.
I haven't read all of it but I gather that it is important to keep evidence of the fact that you were working and not fired or laid off during this so called "bench time". Keep proper documentation during this time. Keep records of emails, travel, internal projects, timesheets, partial pay, anything that you can use to show your continued employment. Don't give the the employer a chance to claim that you were not employed or on leave of absence during that time.
I haven't read all of it but I gather that it is important to keep evidence of the fact that you were working and not fired or laid off during this so called "bench time". Keep proper documentation during this time. Keep records of emails, travel, internal projects, timesheets, partial pay, anything that you can use to show your continued employment. Don't give the the employer a chance to claim that you were not employed or on leave of absence during that time.
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vgghanta
05-24 10:01 AM
I am a Pharmacist. Changed the employer oct 2006. Had my perm filed thru previous employer and also I-140 approved thru previous employer in Aug 2006. My new employer has initiated the process for PERM. What will happen to my case? Will I be under old system or will I go under merit based system.
If I go under merit bases system what would be my chances? I have Masters in Pharmacy from India and has 3 years of US experience.
Someone please advise. I guess I have to repent for changing the employer.
If I go under merit bases system what would be my chances? I have Masters in Pharmacy from India and has 3 years of US experience.
Someone please advise. I guess I have to repent for changing the employer.
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designserve
03-02 06:20 PM
I have heard atleast 12-13 companies in this area have ICE audits...that may happen to any company in the near term.Let us safely assume to caution new consultants to skip this year's H1B
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swamy
12-13 02:58 PM
Relax guys dont gang up like that - maybe he believes in himself and will actually fight for his rights unlike many here on IV!
dyekek12 - as you can obviously see from above, there are a lot of frustrated souls out here. You are in the wrong forum to pose such q's - this place is filled with a lot of socially challenged tech grads who sit on their asses the whole day tracking bureacracies and complaining like village bellies & then do nothing about it. Your q is best answered by a college counselor or dept head. Pick a school with a good program and see what their grads are doing. Most grads will happily answer q's for you honestly. There are plenty of websites to do your research on - but approaching it as an eb3/eb2 gateway is bad. All of them are screwed up.
dyekek12 - as you can obviously see from above, there are a lot of frustrated souls out here. You are in the wrong forum to pose such q's - this place is filled with a lot of socially challenged tech grads who sit on their asses the whole day tracking bureacracies and complaining like village bellies & then do nothing about it. Your q is best answered by a college counselor or dept head. Pick a school with a good program and see what their grads are doing. Most grads will happily answer q's for you honestly. There are plenty of websites to do your research on - but approaching it as an eb3/eb2 gateway is bad. All of them are screwed up.
more...
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cooler
07-20 07:19 AM
You raise a good point Maverick_08. At some point, GC no longer holds the same perceived value as one initially had assigned to it. A lot of us in this forum have been around for a decade or more (myself included) and have reached a tipping point of sorts.Those who applied for GC and were fortunate to have got it soon, probably did not go through the same level of frustration and angst that some of the others have.
In the last decade of living here a lot has probably changed in ones life. In my case
1) Perception on life.
2) Understanding the essence of being happy and what is truly important in life.
3) Tired of the Rat race (IT job)
4) Parents/old age
5) Desire to simplify life and go back to the basics.
Inspite of that some of us continue to wait (including me) for the elusive GC and then consider moving back with a potential option to return back. All for what??
Anyways, these are just ramblings from a tortured soul.
Folks, feel free to throw in your two cents about how life has changed since you applied GC and whether it really is worth it?
cooler
In the last decade of living here a lot has probably changed in ones life. In my case
1) Perception on life.
2) Understanding the essence of being happy and what is truly important in life.
3) Tired of the Rat race (IT job)
4) Parents/old age
5) Desire to simplify life and go back to the basics.
Inspite of that some of us continue to wait (including me) for the elusive GC and then consider moving back with a potential option to return back. All for what??
Anyways, these are just ramblings from a tortured soul.
Folks, feel free to throw in your two cents about how life has changed since you applied GC and whether it really is worth it?
cooler
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anurakt
01-03 11:13 AM
I pledge $120 every month as soon as it is available......
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drirshad
08-07 09:15 PM
I had my infopass appointment today, it was not worth wasting the 60 seconds. I go up to the IO, this lady is so rude she would just say my case is pending. I asked about name check she says that cannot be discussed due to security reasons. I called up customer service and could get to the second level that was an IO, who confirmed my name check is pending.
Infopass depends on the IO or you could be in for some sour grapes ....
Infopass depends on the IO or you could be in for some sour grapes ....
girlfriend make a Stalker wallpaper.
kumar07
09-16 08:59 AM
Hi Sandy,
Since I already have the h1b approval for this year, I guess there is no issue regarding any "fraud" involved or else they might have denied it in first place. Is it correct?
I will be working on internal project at company office location. So i believe I need the proper project description document to support my case. Without that, VO will again issue me 221g asking the same. So is it right to carry the full project report (around 30-50 pages) in first interview itself?
Thanks.
Since I already have the h1b approval for this year, I guess there is no issue regarding any "fraud" involved or else they might have denied it in first place. Is it correct?
I will be working on internal project at company office location. So i believe I need the proper project description document to support my case. Without that, VO will again issue me 221g asking the same. So is it right to carry the full project report (around 30-50 pages) in first interview itself?
Thanks.
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USDream2Dust
07-27 01:20 PM
I am liking the answers. Also looks like my PD is sept 2006 and it would be a while before they approve my case. Meaning I can take off for couple of month go on vacation, come back, look for job, find a decent job and start working.
when in far future they approve me I need a letter from my new employer stating that I am working (not from original employer right?)
when in far future they approve me I need a letter from my new employer stating that I am working (not from original employer right?)
ushkand
09-15 10:27 PM
For the main applicant (me) under
Section: Adjustment as direct beneficiary of immigrnt petition
For spouse
Section: Derivtive Adjustment
Maybe you need to call an attorney and eventuallu USCIS to get this corrected.
Section: Adjustment as direct beneficiary of immigrnt petition
For spouse
Section: Derivtive Adjustment
Maybe you need to call an attorney and eventuallu USCIS to get this corrected.
CantLeaveAmerica
03-28 09:48 AM
guys, Murthy says EB2 will move forward in May 2008 bulletine. Reason is getting leftover visa from EB1 India's category.
http://murthy.com/bulletin.html
hoping big forward move.:D
Great for us...aren't are Indian PHD's in the US are as scholarly and motivated as before? lol To think that there are left over visas in this category beats me ! :D
http://murthy.com/bulletin.html
hoping big forward move.:D
Great for us...aren't are Indian PHD's in the US are as scholarly and motivated as before? lol To think that there are left over visas in this category beats me ! :D
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