javadeveloper
05-26 04:57 PM
What is the logic to deny 485(EB3) if 140(EB2) gets denied?
ssdtm
12-11 04:49 PM
Here is good thread that answers most of your questions
http://www.immigration-information.com/forums/showthread.php?t=1129&page=6
http://www.immigration-information.com/forums/showthread.php?t=1129&page=6
siddar
11-09 04:38 PM
So hypothetically:
person has approved 140 from comp-A but moves to comp-B
A revokes the H-visa and 140.
The person can still extend for 3 years, through B using the approved 140 (from A).
This can continue till the day the persons PD becomes current?
It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?
However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??
If the company cancels the I-140, that means the company is not supporting your GC, plain and simple. I-140 should be in good standing and approvable for extending the H1b status.
person has approved 140 from comp-A but moves to comp-B
A revokes the H-visa and 140.
The person can still extend for 3 years, through B using the approved 140 (from A).
This can continue till the day the persons PD becomes current?
It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?
However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??
If the company cancels the I-140, that means the company is not supporting your GC, plain and simple. I-140 should be in good standing and approvable for extending the H1b status.
sanju
03-02 11:32 AM
This is good stuff. Thanks for posting it. Not sure if many people have looked at this study because everyone is busy fighting in gulti v/s panju v/s guju v/s bihari v/s others w/s every other category we can think.
I suggest you delete this thread as no wants to look at this.
.
I suggest you delete this thread as no wants to look at this.
.
more...
va_dude
01-29 10:21 AM
I'm a bit confused too.
You guys have PDs in late 2004 for EB3 India and your 485 was already looked at?
Are you guys also Jul/Aug 2007 filers?
-va_dude
You guys have PDs in late 2004 for EB3 India and your 485 was already looked at?
Are you guys also Jul/Aug 2007 filers?
-va_dude
GCAmigo
04-30 02:05 PM
reality 'bites'.. I said 'drowned' .. so there is no 'saving' from 'drowning' in this case.. what you mentioned applies to people who are still afloat clinging on for dear life..
P.S. just continuing the thread for fun.. no offence meant.. you are welcome to ignore my comment..
P.S. just continuing the thread for fun.. no offence meant.. you are welcome to ignore my comment..
more...
sidd
07-04 10:44 AM
Rayyan,
Here is my experience. I attended interview at Chennai Consulate on 06/23/08 (H1 approval notice - 2006). Got my passport back in 2 days. No PIMS delay as my info was already in their system. My daughter (H4 approval notice - 2006 and principal applicant is my husband) attended the interview on the same day. However, her info was not available in PIMS. They kept the passport and said it will be sent within a week. I sent an email (to ChennaiNIV@state.gov) on 07/02. They sent a reply asking me to contact them again in 3 days. By God's grace, she received her stamped passport on 07/04.
Now, answers to your questions:
Chennai appointments slots are normally open 3-4 weeks in advance. Make an appointment accordingly.
I think the info is added to PIMS on a routine basis. Making an appointment does not seem to have any effect. If, on the day of your interview, your info is there in PIMS, it is there. Otherwise, you will have to wait till the time they add it.
I normally go to Chennai as that is my regional consulate.
I am not aware of any specific way to make them add your info to PIMS (if it is already not there) before you actually attend the interview.
We have always followed one very successful strategy in all our visa dealings with US consulate namely, PRAY TO GOD.
All the very best for your interview.
Disclaimer: I am not a legal expert on visa stamping procedures or on any of the issues discussed above. These are all my opinions/assumptions only purely based on my experience.
Hi sk76012w,
Congrats and thanks for sharing your experience. I would really appreciate if you can reply to my couple of questions:
1. Was it a H1B renewal for yourself?
2. Your approval notice was approx. for which month of 2006?
3. As I can make out, your daughter attended the interview with the H1 Approval Notice of your husband? And that means, the information for your husband's H1 petition was not there in PIMS. Am I right here? Can you please let me know which month/year your husband's approval notice was for?
Thanks.
Here is my experience. I attended interview at Chennai Consulate on 06/23/08 (H1 approval notice - 2006). Got my passport back in 2 days. No PIMS delay as my info was already in their system. My daughter (H4 approval notice - 2006 and principal applicant is my husband) attended the interview on the same day. However, her info was not available in PIMS. They kept the passport and said it will be sent within a week. I sent an email (to ChennaiNIV@state.gov) on 07/02. They sent a reply asking me to contact them again in 3 days. By God's grace, she received her stamped passport on 07/04.
Now, answers to your questions:
Chennai appointments slots are normally open 3-4 weeks in advance. Make an appointment accordingly.
I think the info is added to PIMS on a routine basis. Making an appointment does not seem to have any effect. If, on the day of your interview, your info is there in PIMS, it is there. Otherwise, you will have to wait till the time they add it.
I normally go to Chennai as that is my regional consulate.
I am not aware of any specific way to make them add your info to PIMS (if it is already not there) before you actually attend the interview.
We have always followed one very successful strategy in all our visa dealings with US consulate namely, PRAY TO GOD.
All the very best for your interview.
Disclaimer: I am not a legal expert on visa stamping procedures or on any of the issues discussed above. These are all my opinions/assumptions only purely based on my experience.
Hi sk76012w,
Congrats and thanks for sharing your experience. I would really appreciate if you can reply to my couple of questions:
1. Was it a H1B renewal for yourself?
2. Your approval notice was approx. for which month of 2006?
3. As I can make out, your daughter attended the interview with the H1 Approval Notice of your husband? And that means, the information for your husband's H1 petition was not there in PIMS. Am I right here? Can you please let me know which month/year your husband's approval notice was for?
Thanks.
chanukya
02-20 10:35 PM
I hope IV is ready for this.
Arise and awake....get ready for the final battle
http://judiciary.senate.gov/schedule.cfm?changedate=02/26/07
http://judiciary.senate.gov/hearing.cfm?id=2555
"Comprehensive Immigration Reform "
Senate Judiciary Committee
Full Committee
--------------------------------------------------------------------------------
DATE: February 28, 2007
TIME: 10:00 AM
ROOM: Dirksen-226
OFFICIAL HEARING NOTICE / WITNESS LIST:
February 20, 2007
NOTICE OF COMMITTEE HEARING
The Senate Committee on the Judiciary has scheduled a hearing on �Comprehensive Immigration Reform� for Wednesday, February 28, 2007 at 10:00 a.m. in Room 226 of the Dirksen Senate Office Building.
By order of the Chairman
Arise and awake....get ready for the final battle
http://judiciary.senate.gov/schedule.cfm?changedate=02/26/07
http://judiciary.senate.gov/hearing.cfm?id=2555
"Comprehensive Immigration Reform "
Senate Judiciary Committee
Full Committee
--------------------------------------------------------------------------------
DATE: February 28, 2007
TIME: 10:00 AM
ROOM: Dirksen-226
OFFICIAL HEARING NOTICE / WITNESS LIST:
February 20, 2007
NOTICE OF COMMITTEE HEARING
The Senate Committee on the Judiciary has scheduled a hearing on �Comprehensive Immigration Reform� for Wednesday, February 28, 2007 at 10:00 a.m. in Room 226 of the Dirksen Senate Office Building.
By order of the Chairman
more...
nhfirefighter13
December 31st, 2004, 05:11 PM
Nice work. I definately like the second shot better with the red bulbs. You could try to rig up a "tent" over and around the sides of the shot with white sheets and put some lights shining thru that. That would give you a bit more consistency and cut down on the specular highlights a bit (although they are not bad by any means in either of these shots.
Another option would be to go for a really slow shutter speed and use a flashlight to "paint" the glasses. This sort of thing takes a lot of practice but I've seen some excellent shots done by this method.
Another option would be to go for a really slow shutter speed and use a flashlight to "paint" the glasses. This sort of thing takes a lot of practice but I've seen some excellent shots done by this method.
manand24
08-11 01:10 PM
Pd April 2006
Rd 07/02/2007 (nsc)
I-140 approved 10/2006
Rd 07/02/2007 (nsc)
I-140 approved 10/2006
more...
Fugu
01-11 04:19 PM
I really appreciate you taking the time to reply to my questions.
My husband and I are British, not sure if that slows things up or down :)
Thanks again for all your help.
My husband and I are British, not sure if that slows things up or down :)
Thanks again for all your help.
klpd4dc
08-20 01:44 PM
All,
I'm trying to understand if it is a general practice of USCIS to specify an A# on the FP notice. My FP notice has an A# that starts with USCIS A# A08xxxxxxx. I wonder if this means that a visa number has been assigned to my case. If not, is it merely another case or alien number? I found the following at http://www.kkeane.com/general-faq.shtml and am not sure what the A# stands for. Also, any idea why the priority date field is empty on my FP notice?
<QUOTE>
There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.
Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
</QUOTE>
My PD for EB3 was current in the June 2007 bulletin and I applied for AOS on 06/28.
I'm trying to understand if it is a general practice of USCIS to specify an A# on the FP notice. My FP notice has an A# that starts with USCIS A# A08xxxxxxx. I wonder if this means that a visa number has been assigned to my case. If not, is it merely another case or alien number? I found the following at http://www.kkeane.com/general-faq.shtml and am not sure what the A# stands for. Also, any idea why the priority date field is empty on my FP notice?
<QUOTE>
There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.
Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
</QUOTE>
My PD for EB3 was current in the June 2007 bulletin and I applied for AOS on 06/28.
more...
english_august
09-17 09:07 AM
All of you who are in DC today and tomorrow...please keep sending updates to either media_at_immigrationvoice.org or at legalimmi.dcrally_at_blogger.com.
ImmiLosers
01-09 07:48 PM
Hi,
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
Yes, you can file for multiple visa simultaneously. Your I-9 may determine where you landed at last.
People have no jobs and you are talking about several offers;)
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
Yes, you can file for multiple visa simultaneously. Your I-9 may determine where you landed at last.
People have no jobs and you are talking about several offers;)
more...
seahawks
06-02 08:43 AM
My spouse's employer will apply for her H1B shortly (she is on F1 right now). Her passport expires in March 2007 but the Indian consulate does not allow you for a renewal earlier than 6 months of the expiration date.
Does USCIS have any requirements for validity dates for passport when application for H1B is sent?
A passport must me valid at least 6 months is my understanding when I got my H1 renewed.
Does USCIS have any requirements for validity dates for passport when application for H1B is sent?
A passport must me valid at least 6 months is my understanding when I got my H1 renewed.
logiclife
05-24 01:31 PM
Yesterday I signed up for recurring payment of $50 per month. I already donated about $300. Will someone tell me it is being used for the common good to make me feel good ?
Thanks,
theOne
Thanks for your contribution. The only place money will be spent will be on lobbying and advocacy for changing laws to reduce/eliminate retrogression and to make H1B renewals and transfers less difficult for those who are already here.
You are free to call 850-391-4966 for more detailed questions.
Thanks,
theOne
Thanks for your contribution. The only place money will be spent will be on lobbying and advocacy for changing laws to reduce/eliminate retrogression and to make H1B renewals and transfers less difficult for those who are already here.
You are free to call 850-391-4966 for more detailed questions.
more...
Raj Iyer
09-23 03:58 PM
You need an I-140 approval notice. If not, type in the receipt no on USCIS website and obtain the status update which will state that the petition is approved, and see if they accept it. I can't guarantee that that they will accept it., but I have used it in the past in another scenario (MTR) and they have accepted it.
add78
10-02 09:48 AM
This is a little tricky.
A person is in a valid H1-B status when
1) He/She is a full time employee of the Sponsoring company AND
2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
#2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.
Hope This Helps.
If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
IV = I+We
A person is in a valid H1-B status when
1) He/She is a full time employee of the Sponsoring company AND
2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
#2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.
Hope This Helps.
If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
IV = I+We
p_kumar
08-28 04:02 PM
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:
dan19
09-06 01:20 PM
It seems you can start working as soon as the application is sent out. This was the advice given to my firend by his attorney.
He consulted some other lawyers. They say that it is safe to get the receipt number before starting to work.
So to be on the most safe side, wait until you get the receipt number.
But many people do start soon after sending the transfer petition...I know people who have done that. My friend is also not going to wait for the receipt as he has to join immediately.
I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
Please reply its kind of urgent for me.
Thanks.
He consulted some other lawyers. They say that it is safe to get the receipt number before starting to work.
So to be on the most safe side, wait until you get the receipt number.
But many people do start soon after sending the transfer petition...I know people who have done that. My friend is also not going to wait for the receipt as he has to join immediately.
I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
Please reply its kind of urgent for me.
Thanks.
srikondoji
06-12 09:06 PM
IV core shud approach republicans who are saying no amnesty to law breakers.
Let us approach them and convince them to bring amendments to reward law abiding people like us.
Let us approach them and convince them to bring amendments to reward law abiding people like us.
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