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Monday, June 20, 2011

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  • new_horizon
    05-26 08:45 PM
    I had an error message in the past few days. But when I tried it today, and I was able to schedule an appointment. There are dates available from June 1-12 (week days).





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  • gandalf_gray
    06-02 11:33 AM
    Nothing would change. If any, it'd be for better I guess.

    So you dont know what the "last" action would be. If your L1 extension gets approved immediately with premium processing and H1 approval comes later with COS, then you dont have to go out.

    If the situation is reversed, then it would be 1st or 3rd scenario, since 2nd scenario is not applicable.

    just one more Qn:
    My L1 ends Sep 3rd week.
    If I decide not to do extension, is it ok to stay in US for those 2 weeks until Oct1. so I can start working under H1 ?
    those 14 days out-of-status : How bad is it ?

    thanks.





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  • felix31
    06-05 10:48 AM
    no, no....it does not make me feel any better...
    I am so sorry to hear about your never ending wait....
    :( :(

    unfortunately, we cannot go back to our home country, as unemployment rate is insanely high, we would be both without jobs, no place to live, another civil war may break any day now and we do not want to go through all that all over again...

    As each day pass, Canada looks even better as our new motherland ...or at least we hope
    :rolleyes:





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  • johnnybhai
    03-19 10:09 AM
    For the folks (Ajju) who e-filed using a new SSN for their wives - and used the Paperless option: I understand that you have to put $0 for AGI, how about the PIN - should I (correctly) enter the PIN that was used for the 2006 filing OR does that have to change as well?
    I have e-filed using $0 and last year's PIN, waiting to see if that goes through. It's been rejected twice so far, since I was using non-zero AGI amount.

    Thanks!



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  • gcdreamer05
    04-17 01:17 PM
    Yes, absolutely.

    Hi Attorney Aruben,

    Legally if a person has a valid h1 approval and a valid h1 stamp on his passport and is getting paid and has all pay stubs , does an IO sitting at POE have any right to send back the person ?

    This also applies to the same situation wherein, the question posters m-in-law has valid documents and is coming back on visitor visa - provided she carries all her docs , does the IE have legal rights to send back the person at POE.

    If IO does not allow the person at POE wat rights as a visitor / non immigrant (h1b) / immigrant (EAD) has and what should one do at POE if we are not allowed in.

    We really appreciate your time and effort for replying to our questions on this forum.

    Thanks.





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  • aaren253
    02-19 02:48 AM
    I had sent my passport for renewal and Indian Embassy lost it. It had my I-94 and US visa. They issued a new passport. But the new passport read old passport cancelled and returned.



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  • sixburgh
    06-28 06:03 PM
    Hi - I was in a similar situation as you:
    In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.

    In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.

    No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.

    Thanks for your reply. It helps understand the process.

    The concept of dual intent (http://en.wikipedia.org/wiki/Dual_intent) exists, it just gets confusing, that is all.





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  • shanti
    02-24 10:49 PM
    Thank you all for your answers, and we could agree that there is not a clear straightforward guideline regarding the AC21. So I have the following doubts:

    1- I really am not worried about the salary part, since the OCC code that the USCIS allocated for my labor certification pays in the area that I intend to work the same salary that their statistics show so that is fine. About the salary issue I talked with a couple of lawyer already,.

    2- This is what I am concerned and is about the experience part. I read online that for porting a labor (or some situation of the kind before filing I-485) that you cannot use the experience gained on the labor sponsoring company but you could use anything before that employer.

    Here is the question I have regarding that frozen experience clock:
    a- Before coming to US I had 5 ys expeirence
    b- WIth first H-1B sponsor company I worked 3 ys in U.S. until end of 2003
    c- I joined my current employer B on H-1B and worked there all 2004 and they filed for labor in Feb 2005. So my question is.. as previous experience

    I know I can count the three years with employer A since no labor there, but with employer B can I count that year before they filed for labor that I was under H-1b or I cannot count any experience gain before the labor was filed with employer B at all? I think that is the key question here.



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  • joelly
    04-05 03:49 PM
    I am not sure about the time frame, but your worst case scenario will be if your old company revoke your I-140, then you can't port your PD.

    Another option for you is to stay in the same company and re-apply new LC under PERM with EB2 requirement this time. If you are willing to do this, then you won't have to worry about the possible revocation.

    Good luck!!





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  • anilsal
    01-07 10:42 AM
    So it is really an administrator goof-up?



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  • nihar
    11-21 02:11 PM
    Hi All ,

    Im trying frantically to post this as a new thread but in vain . I would be ogliged if any1 of u can guide me through the process . Also not wasting further time i would like some info which is purely based on my discretion , but suggestion is well appreciated from u end .I would like to know wat r the things to be followed in h1 . Currently im facing issue with my h1 ie , my h1 was approved from this year lottery and it had a query which i have sent a letter to ins through my consultant , in aug but i have not recd any update so far . Im all confused as to what is my status coz at time im told that im on student visa and at time on h1 . Also if i find a job i will be paid only wen its valid . currently i stand on a crossroad of confusion , agony , pain and frustation . pls some 1 guide me thrgh this and if reqd i would apprecciate if u can also mail me . Trust me this info will be only confidential . i have loads of queries and from the time ie if my so called h1 is approved then i have still not got a job and my employer is done nothing much to market it . wat time frame do i require to be on job . pleaseeeeeeeeee help .email me at niharika.das13@gmail.com


    thanks a zillion for ur patience





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  • Macaca
    03-28 04:27 PM
    A member posted that s/he did labor certification and I-140 on F1. I don't remember the name of the thread.

    You can do labor certification without H1 as long as employer is willing.



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  • Pagal
    10-17 10:19 PM
    Hello,

    I underwent two interviews at USCIS offices... be prepared with basic documents, but don't carry a suitcase full of documents and copies etc. The officer wants to ask you questions, not to your documents (otherwise, you would receive a request for documents only). Many people take attorneys with them (generally not necessary, if your case is clean).

    You can appear together for the interview. Be relaxed and answer only the questions asked (do not keep talking at length) to you. Let your wife answer any questions posed to her by herself. In case there are any documents that you do not have with you, the officer will give you enough time (typically two weeks) to come back and resubmit the documents.

    Good luck!





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  • radhagd
    03-14 09:36 AM
    I have tried this and I got my application returned. I know one more person in this forum has tried and was not successful.
    I think that EB3 has to be approved(not just applied) before EB2 approval

    Yes EB3 140 has to be approved and file Eb2 140 by attaching EB3 approval notice. I did it in same way and got EB2 140 approved with Eb3 PD on it.



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  • GC_Applicant
    07-31 01:54 PM
    Is your approved PERM (I-140/I-485 applied based on that PERM) and your earlier LC (in BEC) are from the same employer??





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  • skv
    08-30 05:09 PM
    Congratulations, my friend! :)



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  • SunnySurya
    08-21 02:31 PM
    Just frustation my dear freind, just frustation, got any ideas about the Indian Job market?
    Dude, what is your hidden agenda?. If you do not have any, then you got to make up your mind, you seem to get different thoughts every day. First was the lawsuit, second was a different lawsuit, now you say that something else suits you�





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  • tnite
    08-03 11:40 PM
    I received a NOID (Notice Of Intent Deny) from USCIS.
    Reason: The Form I-693 is incomplete that there is no evidence that the required TB skin test has been conducted or any annotation from civil surgeon stating that this test was medically inappropriate. Therefore we are requesting that you submit a new form I-693 which indicates that the TB skin test has been administered along with the results.

    I called the surgeon who did my medical exam in 2005, they said that during that time, the TB skin test is optional and they had done only x-ray test instead of skin test.

    When I told the doctor about this NOID, he said they I can take only the skin test and they can attach the skin test result with the existing I-693 form and mail the sealed envelop to the USCIS.

    Do you have any idea at what stage the NOID is issued? Am I close enough to get 485 approved?
    Did anyone faced a similar situation like mine?

    It doesn't matter when NOID is issued. All that matters is TB test, get it done as fast as possible.





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  • eb3retro
    04-16 12:33 PM
    anyone from plano, texas here? pls PM me. Thanks.





    Macaca
    03-28 05:46 PM
    "it's up to you, we're here to support you but we do not recommend you take this route"
    Part-time MS and prt-time Ph D are two different animals.

    Most MS's have a fixed number of courses; some require thesis. You can complete them at your pace as long as the courses are offered at a time that fits your work schedule.

    Ph D depends on major and deptt. Some majors require lot of work. The normal components of Ph D are courses, general exam, proposal, proposal defense and dissertation defense. Course work varies from school to school. There are very good schools with no course requirement. Proposal can get very intensive and requires full-time effort.

    Happy education!





    shsk
    07-20 08:57 PM
    I checked with my attorney, they advised better not to change address until EAD is received.
    If it is emergency then address can be changed but with this confusion and emergency filing it adds to some more confusion :confused:



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