sandy_77
06-20 11:51 AM
I would like to appeal to all the people who want to travel outside the country and would need a new visa stamp to come back to US....please...please...please do not take this risk unless it is a family emergency (a life and death situation rather than a brother,sister getting married). Per the new rules all of us have to pass through many checks (such as PIMS, NAME CHECK, SECURITY CLEARANCE, ETC.). Contrary to popular belief PIMS is the simplest of all. You will possibly get a PIMS clearance within a month (usually 5 days). However, if you get stuck because of other checks, only God can help you. People (more than a couple of thousand at any given time during these days) are stuck at the consulates in India for two months or more (these days waiting time exceeds 4 months in normal cases and I am one of them). Some guys have been given visas after 1.5 years. Also, contrary to what most lawyers would have you believe that only those people get stuck who have done something wrong, I can assure you that there are very few cases (possibly less than a 5% of the total) who have been outright rejected even after significant delays for security clearances. These lawyers have just surrendered before the DOS/DHS...possibly avoiding burning bridges with the government rather than protecting human rights and civil liberties. God forbid if you get stuck for reasons other than PIMS, anything you can ever know from consulate/DOS after that is that your case is pending in "additional administrative processing" for security clearance. No more no less and you probably have no right to demand transparency. Not even your local congressman/senator can save you then from the harassment that the DOS thinks you deserve for being a third world citizen.
Sorry for being so brazen but I am tired of all these travel related questions. Somehow I think some of like to challenge the consulate/DOS OR our luck (like I did...but I didn't even know that there is a best like AAP out there waiting for me...of course ignorance is not an excuse either).
Sorry for being so brazen but I am tired of all these travel related questions. Somehow I think some of like to challenge the consulate/DOS OR our luck (like I did...but I didn't even know that there is a best like AAP out there waiting for me...of course ignorance is not an excuse either).
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gccube
06-01 03:23 PM
Because the PDs are valid for the whole month I guess the date of filing should not matter it as long as it is before 30th June, I think.
Do you think it does affect us in some way?
Do you think it does affect us in some way?
ajp5
10-20 01:36 AM
Thx for response.
I understand I need a job for H1 extension, but what I am asking is if we need W2 for H1 extension. Any one?
You might need it.....you might not..When it comes to USCIS even God will not be able to predict. They might issue an RFE, might not. However, if you are with a bodyshopper and in IT I believe its common nowadays for USCIS to ask for 2 years W2s and recent paystubs to make sure you have maintained H1b Status.
6+ months without paystubs - you should be ready to explain if they ask. I empathize with your situation. Running payroll taxes for an entire year is crazy...approx 20k..not to mention "ILLEGAL". My suggestion - try and find a project asap. Do what you think needs to be done.......Dont loose sleep over something you cannot predict. Everyone needs a break and you might get yours sooner than you think. Hang on..........ATB.
I understand I need a job for H1 extension, but what I am asking is if we need W2 for H1 extension. Any one?
You might need it.....you might not..When it comes to USCIS even God will not be able to predict. They might issue an RFE, might not. However, if you are with a bodyshopper and in IT I believe its common nowadays for USCIS to ask for 2 years W2s and recent paystubs to make sure you have maintained H1b Status.
6+ months without paystubs - you should be ready to explain if they ask. I empathize with your situation. Running payroll taxes for an entire year is crazy...approx 20k..not to mention "ILLEGAL". My suggestion - try and find a project asap. Do what you think needs to be done.......Dont loose sleep over something you cannot predict. Everyone needs a break and you might get yours sooner than you think. Hang on..........ATB.
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sudhendra
07-09 08:42 AM
I am part of july fiasco and mine was sent on June 3oth to be reached by July 2nd at 10:25 am received by barrett.
:confused:
:confused:
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fatjoe
09-05 10:28 AM
Thanks Divakar for your prompt response. Could we say that it has been 90 days since we filed, when it is actually only 50 days.
va_labor2002
09-24 05:48 PM
About Rajiv Chandrasekaran
Rajiv Chandrasekaran, author of Imperial Life in the Emerald City, is an assistant managing editor of The Washington Post. He heads the Continuous News department, which reports and edits breaking news stories for washingtonpost.com, and he helps to shape the newspaper's overall multimedia strategy.
From April 2003 to October 2004, he was The Post's bureau chief in Baghdad, covering the American occupation of Iraq and supervising a team of correspondents. He lived in Baghdad for much of the six months before the war, reporting on the United Nations weapons-inspections process and the build-up to the conflict.
Before the U.S.-led war in Iraq, he was The Post's Cairo bureau chief. Prior to that assignment, he was The Post's Southeast Asia correspondent, based in Jakarta, Indonesia. In the months following Sept. 11, 2001, Rajiv was part of a team of Post reporters who covered the war in Afghanistan.
He joined The Post in 1994 as a reporter on the Metropolitan staff. A native of the San Francisco Bay Area, he holds a degree in political science from Stanford University, where he was editor in chief of The Stanford Daily. He lives in Washington, D.C.
Contact Rajiv Chandrasekaran
The Washington Post
1150 15th Street, NW
Washington, DC 20071
(202) 334-6000
rajiv@washpost.com
Rajiv Chandrasekaran, author of Imperial Life in the Emerald City, is an assistant managing editor of The Washington Post. He heads the Continuous News department, which reports and edits breaking news stories for washingtonpost.com, and he helps to shape the newspaper's overall multimedia strategy.
From April 2003 to October 2004, he was The Post's bureau chief in Baghdad, covering the American occupation of Iraq and supervising a team of correspondents. He lived in Baghdad for much of the six months before the war, reporting on the United Nations weapons-inspections process and the build-up to the conflict.
Before the U.S.-led war in Iraq, he was The Post's Cairo bureau chief. Prior to that assignment, he was The Post's Southeast Asia correspondent, based in Jakarta, Indonesia. In the months following Sept. 11, 2001, Rajiv was part of a team of Post reporters who covered the war in Afghanistan.
He joined The Post in 1994 as a reporter on the Metropolitan staff. A native of the San Francisco Bay Area, he holds a degree in political science from Stanford University, where he was editor in chief of The Stanford Daily. He lives in Washington, D.C.
Contact Rajiv Chandrasekaran
The Washington Post
1150 15th Street, NW
Washington, DC 20071
(202) 334-6000
rajiv@washpost.com
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neoneo
07-17 12:26 AM
My 140 was filed last week and I don't have the receipt number. Can I file 485 without I140 receipt number?
Ask yourself.. how do people file concurrently ?! .. the only problem will be if your I-485 comes for review before I-140 is cleared. Then you'll get a notice for denial since I-140 is not approved. But what are the chances of that happening in todays scenario unless you have a very old PD>
check it out with ur attorney.
Ask yourself.. how do people file concurrently ?! .. the only problem will be if your I-485 comes for review before I-140 is cleared. Then you'll get a notice for denial since I-140 is not approved. But what are the chances of that happening in todays scenario unless you have a very old PD>
check it out with ur attorney.
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surya.kant
06-19 01:30 PM
Hello Unseenguy,
Thanks for the reply.
I forgot to mention that i was already on h1 before so i dont fall under H1CAP. This is the reason i applied for H1 from h4 as previously i was on H1B
You are not subject to H1 cap, since you had been on H1 status in last 6 years. However, H1 portablity applies only for H1-to-H1 transfer.
Your H1 petition is approved. You need to get H1 visa from consulate.
Surya.
Thanks for the reply.
I forgot to mention that i was already on h1 before so i dont fall under H1CAP. This is the reason i applied for H1 from h4 as previously i was on H1B
You are not subject to H1 cap, since you had been on H1 status in last 6 years. However, H1 portablity applies only for H1-to-H1 transfer.
Your H1 petition is approved. You need to get H1 visa from consulate.
Surya.
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Guillo
03-03 02:15 PM
My experience with the evaluators was the same. Well, not mine but my wife's. She had to use the people the school told her to.
If you need to find translators for your documents though, I can help. If you need recommendations just ask!
If you need to find translators for your documents though, I can help. If you need recommendations just ask!
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Rb_newsletter
09-03 10:16 PM
Anybody who works for consulting co. got extension approved ? without RFE ?
In one of my friend's case they approved H1 for 6 months, because he had contract only for 6 months. He just completed 3 years and this is his first extension request. :eek: Who the hell in this world writes contract for more than 6 months even if they have requirements for next 2 years.
Another case I heard was immigration officer at POE granted only 1 year I-94 even though he had 2 years left in his visa. It seems IO spoke to candidates manager and advised him to hire someone locally and get him trained within a year.
Are we in real United States of America? So much of hate around.
In one of my friend's case they approved H1 for 6 months, because he had contract only for 6 months. He just completed 3 years and this is his first extension request. :eek: Who the hell in this world writes contract for more than 6 months even if they have requirements for next 2 years.
Another case I heard was immigration officer at POE granted only 1 year I-94 even though he had 2 years left in his visa. It seems IO spoke to candidates manager and advised him to hire someone locally and get him trained within a year.
Are we in real United States of America? So much of hate around.
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hopefulgc
07-15 01:54 PM
your options will mostly expire worthless and should entail no action on your part..
I have used AC21 to change jobs
I have a closing statement from my previous employer mentioning the exercisable options.
Here it goes:
Exercisable Options
Price $30
grant date 1/10/2007
Shares exercisable 400
total price =12000
Last date to exercise
7/20/2008
However the market share value for the company now is 26.00
now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?
I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????
I have used AC21 to change jobs
I have a closing statement from my previous employer mentioning the exercisable options.
Here it goes:
Exercisable Options
Price $30
grant date 1/10/2007
Shares exercisable 400
total price =12000
Last date to exercise
7/20/2008
However the market share value for the company now is 26.00
now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?
I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????
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sieger007
05-27 02:07 AM
Hi krishnam
I too have got I140 Approved already in Sept 05.
My concept was that once I140 is approved you are free. Employer cannot do anything.
After 140 approval can employer do anything to jeopardize the GC Process.
Anyway
2005 140 is approved.
2007 I left employer to work in non US Location. ( No US Income )
Was in good terms with him though.
2008- Re-joined him. and filed 485 in EB2. Its is pending .I got AP and EAD Already
Now I dont know what to do . I was expecting my GC in 1 years time. Now EB2 has retrogressed vey badly. I dont know what do do.
Currently I am back on my Prev. Employers H1 since 2008 . I have EAD and AP in hand. If I leave him and get a full time job ( which is preferred ) implicty invoking AC21 can he mess up my GC ?
Can you throw some light about how this works ?
Basically MY BIG PROBLEM is I might have to fight divorce case in India. So I want to plan something so I DON'T loose my job prospects in US ( I am overqualified for most jobs in my niche - Masters from US , and about 30+ Prof Certifications ) so getting it wont be problematic if laws remains same. If laws change to force shutdown of all H1b contracting , then I have NO Choice but roll over to a FT job invoking AC21.
PLEASE KINDLY ADVISE ME
Thanks
Sam
I too have got I140 Approved already in Sept 05.
My concept was that once I140 is approved you are free. Employer cannot do anything.
After 140 approval can employer do anything to jeopardize the GC Process.
Anyway
2005 140 is approved.
2007 I left employer to work in non US Location. ( No US Income )
Was in good terms with him though.
2008- Re-joined him. and filed 485 in EB2. Its is pending .I got AP and EAD Already
Now I dont know what to do . I was expecting my GC in 1 years time. Now EB2 has retrogressed vey badly. I dont know what do do.
Currently I am back on my Prev. Employers H1 since 2008 . I have EAD and AP in hand. If I leave him and get a full time job ( which is preferred ) implicty invoking AC21 can he mess up my GC ?
Can you throw some light about how this works ?
Basically MY BIG PROBLEM is I might have to fight divorce case in India. So I want to plan something so I DON'T loose my job prospects in US ( I am overqualified for most jobs in my niche - Masters from US , and about 30+ Prof Certifications ) so getting it wont be problematic if laws remains same. If laws change to force shutdown of all H1b contracting , then I have NO Choice but roll over to a FT job invoking AC21.
PLEASE KINDLY ADVISE ME
Thanks
Sam
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vgayalu
06-19 09:53 PM
I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.
I wish same. But it is 200% not possible. We are getting lot of Labour approvals from BEC's . If P.D dates stays as 2003 Jan it is great.
I think there is much possibility for more retrogression. It may go back upto 2002 Jan for EB2 also.
vgayalu
I wish same. But it is 200% not possible. We are getting lot of Labour approvals from BEC's . If P.D dates stays as 2003 Jan it is great.
I think there is much possibility for more retrogression. It may go back upto 2002 Jan for EB2 also.
vgayalu
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kondur_007
09-18 09:50 PM
My 140 is Approved from Company A.I haven't filed my 485 yet.
My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).
My qn is what if company A cancels my 140?
If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Thanks for your help.
I am not a lawyer, but this is what I can tell (as far as I know):
1. You will get 3 yrs extension of H1B for company B as long as your 140 is not revoked by employer A at the time of adjudication of H1B AND your PD is retrogressed.
2. If company A revokes 140 AFTER your H1B with company B is approved, this will not affect your H visa/status. what I dont know is: will this create any problems in getting a VISA stamped at the consulate in future or not.
3. Once your 140 is approved, PD is urs. No matter what happens to the original I 140, as long as you save a copy of approval notice, you can port the PD any time in future.
4. As you have not filed 485 yet, you are not eligible for AC21. So, once you go to company B (and company A is not ready to co-operate and/or revokes 140); you will have to start your GC process from scratch (new PERM and new 140). However, PD will be urs forever!
Good Luck.
My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).
My qn is what if company A cancels my 140?
If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Thanks for your help.
I am not a lawyer, but this is what I can tell (as far as I know):
1. You will get 3 yrs extension of H1B for company B as long as your 140 is not revoked by employer A at the time of adjudication of H1B AND your PD is retrogressed.
2. If company A revokes 140 AFTER your H1B with company B is approved, this will not affect your H visa/status. what I dont know is: will this create any problems in getting a VISA stamped at the consulate in future or not.
3. Once your 140 is approved, PD is urs. No matter what happens to the original I 140, as long as you save a copy of approval notice, you can port the PD any time in future.
4. As you have not filed 485 yet, you are not eligible for AC21. So, once you go to company B (and company A is not ready to co-operate and/or revokes 140); you will have to start your GC process from scratch (new PERM and new 140). However, PD will be urs forever!
Good Luck.
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user1205
08-13 11:48 AM
Why "TSC is far better than NSC"?
NSC sent receipts for some July 2nd already even though it received the bulk of the applications.
Yes, I think the status is for individual applications only - as far as I know.
If it goes with the same pace...then it may take very very long time to clear Jul 2nd - Aug 17th applications (receipt process)...unless they increse man power OR come-up with soem alternatives.....
Anyway TSC is far betther than NSC....
NSC sent receipts for some July 2nd already even though it received the bulk of the applications.
Yes, I think the status is for individual applications only - as far as I know.
If it goes with the same pace...then it may take very very long time to clear Jul 2nd - Aug 17th applications (receipt process)...unless they increse man power OR come-up with soem alternatives.....
Anyway TSC is far betther than NSC....
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newuser
09-01 09:52 AM
Please see an attorney.
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lord_labaku
10-08 01:33 AM
Worry about it after the fact.
Technically you can maintain both PR...esp. if you live & commute in one of the border cities like Vancouver, Windsor. But at one point, you may have to decide which citizenship you want.
To maintain future growth, Canada has to rely heavily on immigration - thats one of the reason, its easy to get Canadian PR.
Depending on your priorities, it may be worthwhile to continue maintaining Canadian PR after you get US GC. (for e.g Canada allows sponsor of immediate relatives as a PR while you have to wait for US citizenship of the same. Also getting Canadian citizenship takes 3 years as opposed to 5 in the US)
that being said, the Canadian economy lives in the shadow of US & finding jobs I have heard is difficult in Canada.
Technically you can maintain both PR...esp. if you live & commute in one of the border cities like Vancouver, Windsor. But at one point, you may have to decide which citizenship you want.
To maintain future growth, Canada has to rely heavily on immigration - thats one of the reason, its easy to get Canadian PR.
Depending on your priorities, it may be worthwhile to continue maintaining Canadian PR after you get US GC. (for e.g Canada allows sponsor of immediate relatives as a PR while you have to wait for US citizenship of the same. Also getting Canadian citizenship takes 3 years as opposed to 5 in the US)
that being said, the Canadian economy lives in the shadow of US & finding jobs I have heard is difficult in Canada.
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diptam
08-13 11:28 AM
What makes you think in this Direction ?
looks like they will make us wait till 17th and accept/reject case from July 2nd...and most of the rejected cases might not be eligible to refile :mad:...this is my guess!
looks like they will make us wait till 17th and accept/reject case from July 2nd...and most of the rejected cases might not be eligible to refile :mad:...this is my guess!
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tinuverma
11-09 10:29 AM
There is a website called Google. Its amazing in that it is above nationality and responds to every "is which of the two"
Very innovative. It did not help as a lot of Junior Members were rather talking unwanted crap than discussing on the real point. I was and am hoping for something better here.
Anyone else who can actually give me the answer?
Very innovative. It did not help as a lot of Junior Members were rather talking unwanted crap than discussing on the real point. I was and am hoping for something better here.
Anyone else who can actually give me the answer?
dilipcpa
08-19 07:19 PM
My EAD is approved for 2 years last week, Today my attorney sent me I-140 reference answered is due by 1st Nov,
I will really appreciate your advise. My I-140 is filed for Accounting analyst.
My PD date is in Dec. 2006
As per Reference:
1) Please provide evidence (in the form of official academic transcript) of any additional education the beneficiary has obtained prior to Dec. 2006
2)The other one is for Company 's ability to pay and for my payroll records after PD to current. (This is not an issue as my firm is financially sound)
My I-140 is filed under skilled category, with 3 years eqiuvalent Bachelors degree, evaluated by degreepeople.
I have additional 2 years certification corses in business adminstration not considered by my attorney.
I will appreciate if some one can provide me better attorney to handle this case.
I will really appreciate your advise. My I-140 is filed for Accounting analyst.
My PD date is in Dec. 2006
As per Reference:
1) Please provide evidence (in the form of official academic transcript) of any additional education the beneficiary has obtained prior to Dec. 2006
2)The other one is for Company 's ability to pay and for my payroll records after PD to current. (This is not an issue as my firm is financially sound)
My I-140 is filed under skilled category, with 3 years eqiuvalent Bachelors degree, evaluated by degreepeople.
I have additional 2 years certification corses in business adminstration not considered by my attorney.
I will appreciate if some one can provide me better attorney to handle this case.
ek_akela
09-08 07:56 PM
When was your I-140 applied? I would assume revoking of 140 should be your only concern, since you already applied for 485, you don't need to bother about your status.Also apply fopr EAD based on proof that you applied for 485(Fedex # should be enough)
One thing I am not sure if not getting paid during 485 processing would have any impact on the case? Gurus, pls chip in..
One thing I am not sure if not getting paid during 485 processing would have any impact on the case? Gurus, pls chip in..
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