frostrated
08-11 02:24 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.
One of the most common questions for situation your friend is in is why he waited this long to come to the US after approval of H1B visa. Another question is to show proof of job availability. It is 2 years since a petition was applied for him and a year since he got his visa. Unless he has some very solid answers, there is a possibility that they might deny his entry.
If you say that another position has opened up for which he is coming, then the next question would be if a new LCA was applied for the new position, which would then open up a totally new ball game. I would suggest that you have your friend contact his company lawyer for suggetions, rather than listen to advice given by people here who have not been in such situations.
One of the most common questions for situation your friend is in is why he waited this long to come to the US after approval of H1B visa. Another question is to show proof of job availability. It is 2 years since a petition was applied for him and a year since he got his visa. Unless he has some very solid answers, there is a possibility that they might deny his entry.
If you say that another position has opened up for which he is coming, then the next question would be if a new LCA was applied for the new position, which would then open up a totally new ball game. I would suggest that you have your friend contact his company lawyer for suggetions, rather than listen to advice given by people here who have not been in such situations.
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Almond
07-17 08:56 PM
If I'am not mistaken I feel even the Lawyer gets the fp notice check with your lawyer.
Yes, you are perfectly right.
Sodh, call your lawyer! If they sent you one, he got one as well. or she:D
Yes, you are perfectly right.
Sodh, call your lawyer! If they sent you one, he got one as well. or she:D
delhikadesi
12-20 11:15 PM
so you are saying that it took 1 year for USCIS to send you NOID?
you'd mentioned 140 withdrawl in dec2009.
AC21 is not mandatory in my opinion ( my lawyer's too) , I changed job this Aug
saw a soft LUD on my 4 years ago approved 140 after changing jobs..it been 3 months to the soft LUD.
seeing your pattern looks like they may send some letter but have not got any yet.
you'd mentioned 140 withdrawl in dec2009.
AC21 is not mandatory in my opinion ( my lawyer's too) , I changed job this Aug
saw a soft LUD on my 4 years ago approved 140 after changing jobs..it been 3 months to the soft LUD.
seeing your pattern looks like they may send some letter but have not got any yet.
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Mallika
06-27 05:39 AM
Dear Experts,
My I-140 was filed under "Premium processing" and I have received approval last week. I am currently out of US since May and want to go back. I do have a valid H1-B visa till Sept '10. But, my lawyers have asked me not to go back till my H1 three year extension is approved. This is where I am confused and have the following questions:
1. Why do I need to wait for the H1 approval to come through? Can't I go back now since I do have a valid visa on my passport?
2. For extension filing, don't I have to be physically present in US?
I need to go back asap because working from outside the country is not working out that well for me now since past two months. So, any pointers in this regard will be greatly appreciated!
Thank you!
Mallika
My I-140 was filed under "Premium processing" and I have received approval last week. I am currently out of US since May and want to go back. I do have a valid H1-B visa till Sept '10. But, my lawyers have asked me not to go back till my H1 three year extension is approved. This is where I am confused and have the following questions:
1. Why do I need to wait for the H1 approval to come through? Can't I go back now since I do have a valid visa on my passport?
2. For extension filing, don't I have to be physically present in US?
I need to go back asap because working from outside the country is not working out that well for me now since past two months. So, any pointers in this regard will be greatly appreciated!
Thank you!
Mallika
more...
abqguy
03-15 06:04 PM
I had contacted all the senators and house reps in New Mexico via their website and heard back from Senator Jeff Bingaman.
Please see his reply:
Thank you for your letter regarding relief measures to raise the quota of employment-based legal immigration visas. I appreciate your taking the time to write. I understand the important contributions made by high-skilled immigrant workers in our economy, and I will certainly keep your concerns in mind as we debate immigration reform in the 110 th Congress.
Again, thank you for writing. Please continue to keep me informed regarding this or any other issue of importance to you.
Sincerely,
JEFF BINGAMAN
United States Senator
Please see his reply:
Thank you for your letter regarding relief measures to raise the quota of employment-based legal immigration visas. I appreciate your taking the time to write. I understand the important contributions made by high-skilled immigrant workers in our economy, and I will certainly keep your concerns in mind as we debate immigration reform in the 110 th Congress.
Again, thank you for writing. Please continue to keep me informed regarding this or any other issue of importance to you.
Sincerely,
JEFF BINGAMAN
United States Senator
learning01
04-28 10:11 AM
Don't you get one from your employer each year. I received paper and soft copy of W-2 (the paper copy has atleast 4 copies) each year.
I do not know about I485...
but it is not hard to get copies of W2. IRS has a service that will give you copies of your fed tax papers including W2s in 60 days. You can also ask you employer, they ususlay keep a copy.
I do not know about I485...
but it is not hard to get copies of W2. IRS has a service that will give you copies of your fed tax papers including W2s in 60 days. You can also ask you employer, they ususlay keep a copy.
more...
IN2US
03-11 07:53 AM
Start renewing your passport asap. Its not a good idea to send expired/to be soon expired passport to USCIS. We will never know what kind of questions they ask. So my advise is please renew the passport asap. It takes max 2 weeks (Indian passport not sure about other countries).
just wanted to give an update on my H1-B transfer,
it is approved and I'm still waiting for my renewed passport from SFO.
just wanted to give an update on my H1-B transfer,
it is approved and I'm still waiting for my renewed passport from SFO.
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bsbawa10
04-16 01:45 PM
I have recently filled the USCIS survey. But I am not satisfied with all the questions they have. I want to tell what we want to tell (not what they want to hear)
I have an idea to send USCIS director information about how they are doing ? (In terms of delays, consistency, customer service, implementation, transparency). This will not cost any dime to anybody and at the same time make an impact.
Step One:
One of us can first create a survey on survery monkey (detailed one..with complete description about various aspects of USCIS) . I have created a Draft of the questions which can go in the survey. You can add more (Please do not delete the existing ones).
The real survey can contain scale of measurement (1 to 10) and also descriptive comments. I can keep the draft open for 10 days before creating/publishing the real survey so that everybody can contribute to creating it. Here is the link to the draft (feel free to add more questions which are to the point and can make an impact)
USCIS Survey (Draft) - Google Docs (http://docs.google.com/Doc?docid=0ATAcM7NSTN8WZGQ0dmtjbW1fMTYxNTgyMjdwaGM&hl=en)
Step Two:
Open/Publish the survery to Immigration Voice users and all other customers of USCIS(Advertise this on the other websites too). We can keep it open for 10 days to get everybody's participation.
Step Three.
Get the results and and send the results to the USCIS director(These will contain ratings of where USCIS stands and suggestions for improvements). We can also send them to the President. This has to be a collaborative effort and will only cost .44 cents stamp(not .44 cents each but .44cents only)
I do not think they measure themselves at all (right now whatever they do is right).
I think this is nice gift to USCIS which they need desperatly. Also it could be an eye opener.
Any suggestions to this would be welcome.
I have an idea to send USCIS director information about how they are doing ? (In terms of delays, consistency, customer service, implementation, transparency). This will not cost any dime to anybody and at the same time make an impact.
Step One:
One of us can first create a survey on survery monkey (detailed one..with complete description about various aspects of USCIS) . I have created a Draft of the questions which can go in the survey. You can add more (Please do not delete the existing ones).
The real survey can contain scale of measurement (1 to 10) and also descriptive comments. I can keep the draft open for 10 days before creating/publishing the real survey so that everybody can contribute to creating it. Here is the link to the draft (feel free to add more questions which are to the point and can make an impact)
USCIS Survey (Draft) - Google Docs (http://docs.google.com/Doc?docid=0ATAcM7NSTN8WZGQ0dmtjbW1fMTYxNTgyMjdwaGM&hl=en)
Step Two:
Open/Publish the survery to Immigration Voice users and all other customers of USCIS(Advertise this on the other websites too). We can keep it open for 10 days to get everybody's participation.
Step Three.
Get the results and and send the results to the USCIS director(These will contain ratings of where USCIS stands and suggestions for improvements). We can also send them to the President. This has to be a collaborative effort and will only cost .44 cents stamp(not .44 cents each but .44cents only)
I do not think they measure themselves at all (right now whatever they do is right).
I think this is nice gift to USCIS which they need desperatly. Also it could be an eye opener.
Any suggestions to this would be welcome.
more...
MONCYS
03-28 07:05 PM
I think your employer should cooperate with you by not withdrawing your I-140.
Are you sure that if the employer is not revoking 140, (but they will cancel h1b ) i can join some other employer after receiving EAD but 485 < 180 days
Are you sure that if the employer is not revoking 140, (but they will cancel h1b ) i can join some other employer after receiving EAD but 485 < 180 days
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Apple_fruit
10-25 04:11 PM
I recieved a letter from USCIS saying "we have forwarded your inquiry to Sec 245 Unit. You will be notified by mail at later date".
What exactly this means?
Do I need to worry about this Sec 245 Unit. Is it good or bad?
btw I am on EB2 priority date Aug 2005 and still waiting for GC.......:mad:
thanks,
What exactly this means?
Do I need to worry about this Sec 245 Unit. Is it good or bad?
btw I am on EB2 priority date Aug 2005 and still waiting for GC.......:mad:
thanks,
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meridiani.planum
09-14 02:35 AM
Hi:
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
Never heard of anyone with proper papers getting into trouble (ie. the H1 is for a valid job, and in your case (where you are returning to continue employment) you have recent paystubs etc.
There were some rumors about people working for some body-shopping companies getting into trouble because they did not know who the client was, and what work they would do.
Check with a lawyer for the second part of your question, though my understanding is that you can still request to be admitted based on the pending 485 filed on your spouses job. The only kink is if your H1 entrance is denied because they suspect fraud, then I dont know how it plays out on the AP/EAD.
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
Never heard of anyone with proper papers getting into trouble (ie. the H1 is for a valid job, and in your case (where you are returning to continue employment) you have recent paystubs etc.
There were some rumors about people working for some body-shopping companies getting into trouble because they did not know who the client was, and what work they would do.
Check with a lawyer for the second part of your question, though my understanding is that you can still request to be admitted based on the pending 485 filed on your spouses job. The only kink is if your H1 entrance is denied because they suspect fraud, then I dont know how it plays out on the AP/EAD.
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memyselfandus
05-26 08:00 PM
You are spot on. I did spoke to some folks and every body said the same thing, you cannot bring the kid in this country unless the priority date becomes current. That could be long time the way things are moving....
Hence we are stuck almost same situation as you guys are....
Anybody who can give us any other alternative that would be great...
Hence we are stuck almost same situation as you guys are....
Anybody who can give us any other alternative that would be great...
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viper1400
03-13 02:05 PM
I got the LUD on the same date (Soft LUD) but didn't call to check on the status.
mine is at CSC.
mine is at CSC.
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chanduv23
07-27 11:07 AM
LAMP - Calgary. Also, some financial analysts are predicting that the $CDN will actually be worth *more* than the $US by the end of 2007.
By then, US GC will become easy and everyone will run towards Canada
By then, US GC will become easy and everyone will run towards Canada
more...
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mheggade
07-25 01:47 PM
add August to this poll
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wc_user
08-28 01:26 PM
Thanks all for your response. Really appreciate it.
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immi2006
12-25 02:43 AM
Microsoft OS does not take greater than 2036 for some reason. I am not sure if folks use common sense, it is better for u to follow up to get it corrected, if they used common sense, you will wait AEO or something like next generation dinosaurus age for a GC :-) may be u have a futuristic PD :p
I just noticed that the I-140 my lawyer submitted 3 months ago to Nebraska has a typo in my DOB (21/07/2978 instead of 21/07/1978). Yes its a thousand years out! A copy of my latest I-94 and visa both showing my correct DOB were also submitted with the I-140.
Do any of you guys think I'll have the I-140 rejected, recieve an RFE, or will the Nebraska officer just use common sense and amend it himself? What do you reccomend I do if anything?
I just noticed that the I-140 my lawyer submitted 3 months ago to Nebraska has a typo in my DOB (21/07/2978 instead of 21/07/1978). Yes its a thousand years out! A copy of my latest I-94 and visa both showing my correct DOB were also submitted with the I-140.
Do any of you guys think I'll have the I-140 rejected, recieve an RFE, or will the Nebraska officer just use common sense and amend it himself? What do you reccomend I do if anything?
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rssb
09-20 08:48 PM
A# gets assigned at the I-140 stage. The I-140 should have the A#.
Not sure about requesting without A# , may be it can be done.
Not sure about requesting without A# , may be it can be done.
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pasupuleti
04-04 03:20 PM
Here is the link explaining contributions to IV are legal..
http://immigrationvoice.org/index.php?option=com_content&task=view&id=43&Itemid=48
http://immigrationvoice.org/index.php?option=com_content&task=view&id=43&Itemid=48
vinzak
11-10 03:47 PM
Sorry, couldn't help but ham some more....
yeh case hindustan(aur china) ke kamzor aur sataaye logon ka hai...aaj unke nazarein aap par hai.. aap par, ke aap unko kya dete hain...GC yaa TAREEKH? :)
yeh case hindustan(aur china) ke kamzor aur sataaye logon ka hai...aaj unke nazarein aap par hai.. aap par, ke aap unko kya dete hain...GC yaa TAREEKH? :)
waiting4gc
09-11 07:56 PM
Murali,
Your India visit should not affect your gc. I know of several people who have gone out of the country after filing 485 (even without getting receipt). In one scenario, someone's application reached on 2nd and left the country on 3rd (with lawyer's approval). Ideally, you should wait for EAD/AP but according to my lawyer, it is ok to go out as long as you have a valid H1 stamp which allows you to reenter.
The only thing I can think of that can be impacted is your fingerprinting. If you get a notice while you are gone and don't return before the due date, your case will be considered abandoned (it is noted on the fingerprint receipt). To avoid this, inform your lawyer when you leave. They too get a copy of fingerprinting notice and can get it postponed for you if you are out of the country. Also make sure your mail is picked up regularly just in case USCIS tries to mail you some letter/EAD.
As always, check with your lawyer to get final opinion as your case is best known to him/her only.
My 2 cents, hope it helps.
Your India visit should not affect your gc. I know of several people who have gone out of the country after filing 485 (even without getting receipt). In one scenario, someone's application reached on 2nd and left the country on 3rd (with lawyer's approval). Ideally, you should wait for EAD/AP but according to my lawyer, it is ok to go out as long as you have a valid H1 stamp which allows you to reenter.
The only thing I can think of that can be impacted is your fingerprinting. If you get a notice while you are gone and don't return before the due date, your case will be considered abandoned (it is noted on the fingerprint receipt). To avoid this, inform your lawyer when you leave. They too get a copy of fingerprinting notice and can get it postponed for you if you are out of the country. Also make sure your mail is picked up regularly just in case USCIS tries to mail you some letter/EAD.
As always, check with your lawyer to get final opinion as your case is best known to him/her only.
My 2 cents, hope it helps.
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