sprasad
07-26 02:43 PM
Hello
I came to us on h4 visa . after comming here i joined a university and applied for change of status to f1 and it is approved. I am planning a trip to india. do i need to go to indian consulate for f1 visa? if i have to go wat r the chances of rejecting f1 visa? if my f1 visa gets rejected can i come back on h4 visa? is my h4 visa valid? or do i need to apply for h4 visa again? and if i apply wat r the chances of approval ? please help me i am in a tough situation. please i need ur advise. thank u :)
I came to us on h4 visa . after comming here i joined a university and applied for change of status to f1 and it is approved. I am planning a trip to india. do i need to go to indian consulate for f1 visa? if i have to go wat r the chances of rejecting f1 visa? if my f1 visa gets rejected can i come back on h4 visa? is my h4 visa valid? or do i need to apply for h4 visa again? and if i apply wat r the chances of approval ? please help me i am in a tough situation. please i need ur advise. thank u :)
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kolantiIV
03-24 10:34 AM
thing to read.
pd_recapturing
10-24 07:57 PM
Absolutely, you can apply a fresh labor any time irrespective of your filing stage. Lots of people do that.
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Prashanthi
07-22 05:57 PM
Hello,
My H1B was approved 3 weeks back i.e on July 1st and also received approval notice from USCIS on July 5th in USPS mail
But today I have received the status change from Approved to Document mailed from USCIS online system
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT
On July 21, 2009, your document I129, PETITION FOR A NONIMMIGRANT WORKER was processed and mailed to the address on record. If you have not received it within 30 days of July 21, 2009, contact our customer service at 1-800-375-5283. If you move while your case is pending, please use our Change of Address online tool to update your address.
what does it mean ?
Thanks in Advance
The USCIS system if often messed up, as long as you have received your approval you are good to work on H-1. In rare cases they may decide to send an notice to revoke after they approve the case since they have overlooked something. I would not worry until i actually get such a notice, also you can have your employer call national customer service to make sure everything is okay with your approval.
My H1B was approved 3 weeks back i.e on July 1st and also received approval notice from USCIS on July 5th in USPS mail
But today I have received the status change from Approved to Document mailed from USCIS online system
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT
On July 21, 2009, your document I129, PETITION FOR A NONIMMIGRANT WORKER was processed and mailed to the address on record. If you have not received it within 30 days of July 21, 2009, contact our customer service at 1-800-375-5283. If you move while your case is pending, please use our Change of Address online tool to update your address.
what does it mean ?
Thanks in Advance
The USCIS system if often messed up, as long as you have received your approval you are good to work on H-1. In rare cases they may decide to send an notice to revoke after they approve the case since they have overlooked something. I would not worry until i actually get such a notice, also you can have your employer call national customer service to make sure everything is okay with your approval.
more...
Blog Feeds
01-20 07:00 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
Effective January 21, 2010, the Department of Labor's iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.
Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.
BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.
Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.
Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141 (http://www.h1bvisalawyerblog.com/Prevailing%20wage%20Request%20FORM.pdf).
Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
Attn: PWD Request:
1341 G Street, NW
Suite 201
Washington, DC 20005-3142
In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.
More... (http://www.h1bvisalawyerblog.com/2010/01/update_on_the_federalized_proc.html)
Effective January 21, 2010, the Department of Labor's iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.
Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.
BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.
Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.
Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141 (http://www.h1bvisalawyerblog.com/Prevailing%20wage%20Request%20FORM.pdf).
Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
Attn: PWD Request:
1341 G Street, NW
Suite 201
Washington, DC 20005-3142
In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.
More... (http://www.h1bvisalawyerblog.com/2010/01/update_on_the_federalized_proc.html)
GotGC??
01-03 12:09 PM
For those worried about not being able to live in the UK, I say "Don't worry, you are not missing a great deal".
I have lived & worked in UK for a couple of years many years back. Like most of my acquaintances at that time I didn't (want to) live there long. Most of my friends left for US, I returned to India. And then to US.
Life is US has its problems, the immigration backlog is one of them. But it is really a walk in the park compared to that in Britain. UK is one of the most racist society I have ever seen. There is racism in all countries (even in India, we call it Casteism) but no where as overt as in UK. In UK, the work culture isn't all that great, life is boring and the weather sucks. No wonder a recent investigation by BBC reported that 7 out of 10 Britons now prefer to live outside UK mainly because it's high cost of living, lack of livable space and for little more sunshine. And that number is growing every year. In % terms, that's the highest number and in absolute terms it is the 3rd highest expat population of any country, only India & China ranks higher. Britons now prefer the sunny & more livable places such as Spain (culture), Australia (language) and Florida (proximity).
When I left UK, it was with relief. Now when I visit UK on work or enroute to other countries, I feel sorry for the folks back there. I would any day prefer living in India - if not in US - than living in UK.
http://timesofindia.indiatimes.com/Good_or_bad_Britain_tears_itself_to_pieces_on_immi gration_issue/articleshow/1040632.cms
I have lived & worked in UK for a couple of years many years back. Like most of my acquaintances at that time I didn't (want to) live there long. Most of my friends left for US, I returned to India. And then to US.
Life is US has its problems, the immigration backlog is one of them. But it is really a walk in the park compared to that in Britain. UK is one of the most racist society I have ever seen. There is racism in all countries (even in India, we call it Casteism) but no where as overt as in UK. In UK, the work culture isn't all that great, life is boring and the weather sucks. No wonder a recent investigation by BBC reported that 7 out of 10 Britons now prefer to live outside UK mainly because it's high cost of living, lack of livable space and for little more sunshine. And that number is growing every year. In % terms, that's the highest number and in absolute terms it is the 3rd highest expat population of any country, only India & China ranks higher. Britons now prefer the sunny & more livable places such as Spain (culture), Australia (language) and Florida (proximity).
When I left UK, it was with relief. Now when I visit UK on work or enroute to other countries, I feel sorry for the folks back there. I would any day prefer living in India - if not in US - than living in UK.
http://timesofindia.indiatimes.com/Good_or_bad_Britain_tears_itself_to_pieces_on_immi gration_issue/articleshow/1040632.cms
more...
wandmaker
03-23 12:27 PM
Your attorney is correct, you will have to file 140 ammendment. Filing 140 ammendment does not affect 485's 180 days count.
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gcby2099
05-04 08:19 AM
4 months ago they both lost jobs and they had a baby girl in Feb, his in-laws are visiting them and his is actively searching for new job. Last night I informed him about IV.
I would like to help him reg this status issue..
I would like to help him reg this status issue..
more...
rockstart
07-20 08:32 PM
Spoke to Virgin Atlantic cust rep last week for flight from US to India via London and they said they cannot accept Advance Parole for transit and I would need UK Transit Visa or Valid US visa.
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blondhenge
04-26 12:48 PM
I am planning for Green Card application.
Who has experience about Accountant Green card application,
Eb2 or EB3?
If you use EB2 , how is your job title and education requirements and job descriptions?
Thanks a lot
Xbeartai
You will need a relatively high level position to qualify for EB-2, since there will have to be a masters requirement or 5 years of experience. To the best of my knowleddge, a Senior Accountant is at the lower end of experience levels (may just require a 4 year degree or a CPA). You will have to describe your position in more detail to get a better answer. To qualify for EB-2, you would have to be in a position more like an accounting manager (in a CPA firm), or a CFO in a company.
Who has experience about Accountant Green card application,
Eb2 or EB3?
If you use EB2 , how is your job title and education requirements and job descriptions?
Thanks a lot
Xbeartai
You will need a relatively high level position to qualify for EB-2, since there will have to be a masters requirement or 5 years of experience. To the best of my knowleddge, a Senior Accountant is at the lower end of experience levels (may just require a 4 year degree or a CPA). You will have to describe your position in more detail to get a better answer. To qualify for EB-2, you would have to be in a position more like an accounting manager (in a CPA firm), or a CFO in a company.
more...
prince_waiting
09-11 12:58 PM
Given the general apathy and hatred towards the term 'H1B' most anti immigrant groups after the rally are likely to come up with headlines/captions for their stories such as 'H1B Temporary workers rally in Washington' and so on. During the flower campaign I happened to come across such a headline on steireport.com, 'H1B workers in flowery protest' or something on similar lines. These anti immigrant groups deliberately downplay the term 'High Skilled Immigrants'.
Since most of us have filed for AOS under the revised August visa bulletin we are termed as Adjustees. As we all know adjustees can stay in this country without a visa under the protection of the Attorney General of the United States. Also we are aware of that adjustees are given EAD to work and AP to travel in and out of the country which are special rights till their case is decided. I think we should highlight this point if we come up across forums/interviews which use the 'H1B workers' stick to beat down our rights as 'Adjustees under the protection of the Attorney General of the US'.
Just a thought I wanted to share it with this community. If not found relevant to the cause please feel free to delete this post.
Since most of us have filed for AOS under the revised August visa bulletin we are termed as Adjustees. As we all know adjustees can stay in this country without a visa under the protection of the Attorney General of the United States. Also we are aware of that adjustees are given EAD to work and AP to travel in and out of the country which are special rights till their case is decided. I think we should highlight this point if we come up across forums/interviews which use the 'H1B workers' stick to beat down our rights as 'Adjustees under the protection of the Attorney General of the US'.
Just a thought I wanted to share it with this community. If not found relevant to the cause please feel free to delete this post.
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meridiani.planum
05-13 04:52 PM
^^bump^^
more...
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roseball
03-08 01:00 PM
Since your Father in law is a Central Govt Employee, i believe the reason they issued a white 221g is because he may not have provided a NOC (No objection Certificate) from the govt which should state that he is just travelling to US for tourism purposes and not for job related travel. This was how i had to get my father in law to get a NOC inorder to get his stamping done. Once they saw the NOC, they granted the visa.
My 2 cents.
He had the NOC with him and he did mention it to the Visa Officer about the NOC and she mentioned its not required and asked him to email his CV to the email address listed in the white slip for further processing.
My 2 cents.
He had the NOC with him and he did mention it to the Visa Officer about the NOC and she mentioned its not required and asked him to email his CV to the email address listed in the white slip for further processing.
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veni001
07-08 09:11 AM
Based on anu_t in this post...
http://immigrationvoice.org/forum/forum105-immigrant-visa/1598322-what-happens-when-the-approved-i-140-gets-cancelled.html#post1966964
Priority Date: Jan 2006
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
http://immigrationvoice.org/forum/forum105-immigrant-visa/1598322-what-happens-when-the-approved-i-140-gets-cancelled.html#post1966964
Priority Date: Jan 2006
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
more...
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arundhati_datta
03-24 06:13 PM
EB 3 India..PD 03/24/2006. EAD approved-10/28/07; AP-01/09 , also same for the derivatives too..I-140 approved 09/13/2007, Also FP done..in OCT.
any update when can we get GC.
any update when can we get GC.
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capriol
05-20 08:16 PM
I got approved email within 2 weeks but still waiting for the actual forms.. Just write Expedite on the top of the cover. Again, it depends on the Immigration officer.
Dear Friends:
(1) Is there a certain number of years for which an advanced parole given by the USCIS? Or, does it depend on what the applicant is writing, for ex, "I am planning a trip to XXX in between July 1, 2009 through 30 December 2010," and the parole is given on that many years of request?
(2) Also, once an advanced parole expires, should the applicant re-apply it continuosly until he/she receives his/her green card? In case of renewal, should the applicant apply for renewal before a certain number of months before the AP expires.
Thanks for answering, friends. This process is so confusing.
Dear Friends:
(1) Is there a certain number of years for which an advanced parole given by the USCIS? Or, does it depend on what the applicant is writing, for ex, "I am planning a trip to XXX in between July 1, 2009 through 30 December 2010," and the parole is given on that many years of request?
(2) Also, once an advanced parole expires, should the applicant re-apply it continuosly until he/she receives his/her green card? In case of renewal, should the applicant apply for renewal before a certain number of months before the AP expires.
Thanks for answering, friends. This process is so confusing.
more...
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mrane1
08-10 10:06 PM
I got my GC last year... My wifes PD is the same as mine which is Sept 2003... She has been current for a while... 2 infopass and several SRs... no luck yet!
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needgreen
09-05 10:21 PM
Hello Madam/Sir,
I have applied in EB2-NIW category and filed I485 concurrently during July-August 2007 season. My wife also did the same to maximize the chance. Both of our I140 were approved recently.
Now, we have two sets of I485 pending (in one, I am the primary applicant, my wife is the dependent and in other, she is the primary applicant and I am the dependent). We both are doing job in the same company in the same position. Since we are from India, it will take probably a long time before our I485s get approved. Since the economical sitatution is not well in recent time, we planned to keep both I485 active in case something unforeseen happen to one of us; so that the other set of application will still be active.
We recently got a RFE for our birth certificate/parentage information. We have got birth certifactes from Indian Consulate, affidavifits from our mothers (since mothers name was not included in original birth certificate) and letters from our schools.
Since we were not sure whose EB2-NIW application would be approved, we kept both sets of I485 application active. Now, we were wondering if there is a problem in having multiple I485 pending at USCIS (of course they are related to differenet I-140). We would like to know if it is better to withdraw one set of application at this point. Is there any risk of cancellation of both I485 due to multiple submission?
Your answers/views will be highly helpful for us. Please reply.
Thank you so much, in advance.
I have applied in EB2-NIW category and filed I485 concurrently during July-August 2007 season. My wife also did the same to maximize the chance. Both of our I140 were approved recently.
Now, we have two sets of I485 pending (in one, I am the primary applicant, my wife is the dependent and in other, she is the primary applicant and I am the dependent). We both are doing job in the same company in the same position. Since we are from India, it will take probably a long time before our I485s get approved. Since the economical sitatution is not well in recent time, we planned to keep both I485 active in case something unforeseen happen to one of us; so that the other set of application will still be active.
We recently got a RFE for our birth certificate/parentage information. We have got birth certifactes from Indian Consulate, affidavifits from our mothers (since mothers name was not included in original birth certificate) and letters from our schools.
Since we were not sure whose EB2-NIW application would be approved, we kept both sets of I485 application active. Now, we were wondering if there is a problem in having multiple I485 pending at USCIS (of course they are related to differenet I-140). We would like to know if it is better to withdraw one set of application at this point. Is there any risk of cancellation of both I485 due to multiple submission?
Your answers/views will be highly helpful for us. Please reply.
Thank you so much, in advance.
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webm
09-20 11:29 AM
If you have the valid H1b stamped while your 485 is pending and got RN,FP done,you should not have any issues in POE.So are you done with your FP?? Its always safe you wait for FP and finish it and then decide your travel plans.
HTH,
HTH,
ameryki
03-23 08:48 PM
Hi,
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
If you are looking to use your EAD then I believe their is a form that you fill in with your employer and off you go. Informing USCIS or not will be your choice read around in this forum to find different opinions and more info on AC21.
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
If you are looking to use your EAD then I believe their is a form that you fill in with your employer and off you go. Informing USCIS or not will be your choice read around in this forum to find different opinions and more info on AC21.
ak_2006
08-16 12:39 PM
My friend will come from India on H1B first time to Atlanta Air port this weekend. His H1B was approved for year 2008 and his stamping was done in early 2009. His H1B is from small desi consulting company. What kind of questions he may face? Any inputs will highly appreciated.
My friend did not face any issues at POE .
My friend did not face any issues at POE .
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