RollingStone12
04-25 10:57 PM
hi, first, I'm not trolling. I have a genuine question and I'm looking for answers seriously. I got laid off in 2009 while on a h1b and then for one reason or another, stayed back for 8 months. My understanding was that I could have gotten a new job within 6 months and then switched over my h1b. I was foolish. My I-94 on the h1b approval letter however had an expiration date of October 2011. By the time 8 months had gone by, I decided it was time to give up hope and return to my country.
Since I've been here, my parents have started a campaign to get me a bride. Arranged marriages are part of my culture, and people marry based on how good a match it is according to one's birthchart. If I do find a USC who is willng too marry me, will it help me in any way immigration wise? Or will my 8 months out of status stay in USA chase me for the rest of my life?
Already I have answered your question. the onus is on you to prove that you are not marrying for GC or USC and your marriage is genuine. If the US consulate or USCIS becomes suspicious..they wont give your any chance...no matter what. There are cases where one married to the USC and have US born kids...still not able to get the GC and facing deportation and spending good amount time with attorney and immigration court.
Since I've been here, my parents have started a campaign to get me a bride. Arranged marriages are part of my culture, and people marry based on how good a match it is according to one's birthchart. If I do find a USC who is willng too marry me, will it help me in any way immigration wise? Or will my 8 months out of status stay in USA chase me for the rest of my life?
Already I have answered your question. the onus is on you to prove that you are not marrying for GC or USC and your marriage is genuine. If the US consulate or USCIS becomes suspicious..they wont give your any chance...no matter what. There are cases where one married to the USC and have US born kids...still not able to get the GC and facing deportation and spending good amount time with attorney and immigration court.
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kumaabh
01-12 06:35 PM
Gurus,
Please advice. THis is urgent. Here is my situation.
I worked for a very big technology company. My PERM is approved EB2 PD 03/07, I-140 approved, 485 pending since July2007. I have an EAD card that is valid until 07/2010. It was my company's policy to renew H1B even if I have an EAD card. An extension was applied in September 2008 for my H1B that expired on November 30,2008. Unfortunately, USCIS denied it in error because they said the filing fee was not correct. This was done in error by USCIS and the attorney hired by my company replied to me on December 30h saying that it will be corrected by them. Now on January 08th, 2009 after the H1B denial, my company informed me that i was being laid off with severence pay until April of 2009. Also, the HR person told me that they wont revoke I-140.
What are my options now?
Can i transfer H1B to a new company as i dont want to use my EAD and continue on H1B. If yes, how much time do i have?
Please please help. I am very tensed.
Please advice. THis is urgent. Here is my situation.
I worked for a very big technology company. My PERM is approved EB2 PD 03/07, I-140 approved, 485 pending since July2007. I have an EAD card that is valid until 07/2010. It was my company's policy to renew H1B even if I have an EAD card. An extension was applied in September 2008 for my H1B that expired on November 30,2008. Unfortunately, USCIS denied it in error because they said the filing fee was not correct. This was done in error by USCIS and the attorney hired by my company replied to me on December 30h saying that it will be corrected by them. Now on January 08th, 2009 after the H1B denial, my company informed me that i was being laid off with severence pay until April of 2009. Also, the HR person told me that they wont revoke I-140.
What are my options now?
Can i transfer H1B to a new company as i dont want to use my EAD and continue on H1B. If yes, how much time do i have?
Please please help. I am very tensed.
axp817
01-17 06:09 PM
While driving back , at POE the process is simple. Always show your AP before passport and they will let you in. Never show the passport before the AP.
I too would like to know why.
I too would like to know why.
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Administrator2
11-07 04:53 PM
Dear IV Members,
For those of us who have followed the immigration debate for last couple of years, we know that Stuart Anderson is one of the few sane voices when it comes to high skilled immigration.
Stuart has recently published a complete book on Immigration and how it applies to business and economics. The book also covers important background and relevant history of the Immigration bills, key players and how the events around us affect us all. Here is the link to the recently published must read book by Stuart -
Amazon.com: Immigration (Greenwood Guides to Business and Economics) (9780313380280): Stuart Anderson: Books (http://www.amazon.com/Immigration-Greenwood-Guides-Business-Economics/dp/0313380287/)
Thanks,
Team IV
For those of us who have followed the immigration debate for last couple of years, we know that Stuart Anderson is one of the few sane voices when it comes to high skilled immigration.
Stuart has recently published a complete book on Immigration and how it applies to business and economics. The book also covers important background and relevant history of the Immigration bills, key players and how the events around us affect us all. Here is the link to the recently published must read book by Stuart -
Amazon.com: Immigration (Greenwood Guides to Business and Economics) (9780313380280): Stuart Anderson: Books (http://www.amazon.com/Immigration-Greenwood-Guides-Business-Economics/dp/0313380287/)
Thanks,
Team IV
more...
greensignal
01-04 02:17 AM
I have a curious situation. I have filed EB3-485 as a secondary applicant to my wife. I am currently in a job where I can't file a green card ( this is my 5th year of H1b). My understanding is one can't have a seventh year extension for H1b unless his I-140 is approved.
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
Just apply for labor and once the labor is approved apply for I140 (Apply in premium if USCIS starts accepting premium by the time your labor is approved). If premium is not started by the time your labor is approved then apply I140 in regular and wait for premium to start. you can change your I140 Application to premium even though you filed it in regular processing originally.
Who knows you might get the I140 approval in regular processing also before your 6 years is complete.
just do what you can
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
Just apply for labor and once the labor is approved apply for I140 (Apply in premium if USCIS starts accepting premium by the time your labor is approved). If premium is not started by the time your labor is approved then apply I140 in regular and wait for premium to start. you can change your I140 Application to premium even though you filed it in regular processing originally.
Who knows you might get the I140 approval in regular processing also before your 6 years is complete.
just do what you can
snathan
06-09 10:13 PM
Hi
I have a friend that has a BS in Computer Engineering, and a MS in Electrical Engineering.
Can you guys give me sample job description that will qualify for EB2. He has 3 years of experience but that was acquired before obtaining the degrees.
Company is really flexible with job description.
Thanks in advance.
Are you the mouth piece for your friend...?
I have a friend that has a BS in Computer Engineering, and a MS in Electrical Engineering.
Can you guys give me sample job description that will qualify for EB2. He has 3 years of experience but that was acquired before obtaining the degrees.
Company is really flexible with job description.
Thanks in advance.
Are you the mouth piece for your friend...?
more...
redds777
03-24 08:41 PM
http://firstread.msnbc.msn.com/archive/2009/03/19/1843837.aspx?p=1
Hello Everyone
I have sent a message to president Obama requesting his help by issuing executive order either to increase per country cap temporarily atleast till the EB backlogs gets over for india and china
OR
Issue executive order to allow visa re-capture to utilize wasted immigrant visas
i am waiting for the reply . i am not sure if i will be heard .
I had sent similar message to my senators requesting them to support the visa recapture bill . i got a call today from his asistant . He said they understand the issue and the senator is supporting the CIR this year . i told him that wont help the skilled immigrants, he said that the provisions with relief for legal skilled immigrants will be added into that CIR and passed .
when i asked him why not do a piece meal approach and pass smaller bills like visa re-capture etc.. his reply was that the anti immigrant groups will basicall y kill the bill . so he said that it is better to wait for CIR hopefully this year.
I said thank you for response and hungup the phone.
so bottom line is i guess we have to wait for CIR and if any good will comeout from that for EB categories.
Hello Everyone
I have sent a message to president Obama requesting his help by issuing executive order either to increase per country cap temporarily atleast till the EB backlogs gets over for india and china
OR
Issue executive order to allow visa re-capture to utilize wasted immigrant visas
i am waiting for the reply . i am not sure if i will be heard .
I had sent similar message to my senators requesting them to support the visa recapture bill . i got a call today from his asistant . He said they understand the issue and the senator is supporting the CIR this year . i told him that wont help the skilled immigrants, he said that the provisions with relief for legal skilled immigrants will be added into that CIR and passed .
when i asked him why not do a piece meal approach and pass smaller bills like visa re-capture etc.. his reply was that the anti immigrant groups will basicall y kill the bill . so he said that it is better to wait for CIR hopefully this year.
I said thank you for response and hungup the phone.
so bottom line is i guess we have to wait for CIR and if any good will comeout from that for EB categories.
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shivarajan
04-04 02:59 AM
is that spell mistake on purpose or on unavailability cause?
more...
gc-gc plz
04-01 09:40 PM
Hello everyone,
According to my immigration-lawyer, I have received a notice for interview. I filed under EB2 category and only my and my wife's I-485 is pending. I had friends who got their GC without the interview, but i got called of an interview, so I was wondering why i got called for an interview-any specific reasons that some of us get called for an interview?
Another questions is; i read some blogs and almost all the people who were called for an interview seem to get a list of documents from the INS to take along for the interview. My attorney didnot mention anything about the list, so do all interview notices come with the document list or is it normal to not have one?
Please any insight in this matter would be greatly appreciated.
Thank you
According to my immigration-lawyer, I have received a notice for interview. I filed under EB2 category and only my and my wife's I-485 is pending. I had friends who got their GC without the interview, but i got called of an interview, so I was wondering why i got called for an interview-any specific reasons that some of us get called for an interview?
Another questions is; i read some blogs and almost all the people who were called for an interview seem to get a list of documents from the INS to take along for the interview. My attorney didnot mention anything about the list, so do all interview notices come with the document list or is it normal to not have one?
Please any insight in this matter would be greatly appreciated.
Thank you
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ddeka
02-14 03:24 PM
I have filed my H1B extension on November as my H1B is expiring on 23rd Feb.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling. Otherwise I will be on EAD status.
Please advise.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling. Otherwise I will be on EAD status.
Please advise.
more...
raju6855
01-19 12:10 PM
Hello
My wife went for H4 interview on 1/11 and she was asked 3-4 basic questions and her passport and original I-539 was taken. There was no other communication give to her and/or any colored slip given to her.
She has AP and 485 filed but AP didn't come through and she has receipt for both, but VO at delhi didn't look at them.
Its been over 6 business days and no information of passport yet.
We called up consulate and they say its still in processing.
I have read in prior forums with "PIMS", is this delay because of it?
Did someone else had similar experience at Delhi and how long did it took for the passport to arrive.
Sort of quite worried seeing others post that its taking 4-5 weeks for some, but H4 it really shouldn't be that much....
Thx
My wife went for H4 interview on 1/11 and she was asked 3-4 basic questions and her passport and original I-539 was taken. There was no other communication give to her and/or any colored slip given to her.
She has AP and 485 filed but AP didn't come through and she has receipt for both, but VO at delhi didn't look at them.
Its been over 6 business days and no information of passport yet.
We called up consulate and they say its still in processing.
I have read in prior forums with "PIMS", is this delay because of it?
Did someone else had similar experience at Delhi and how long did it took for the passport to arrive.
Sort of quite worried seeing others post that its taking 4-5 weeks for some, but H4 it really shouldn't be that much....
Thx
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admsurveys
10-13 09:25 PM
My company filed an I-140 in December 2009. The petition (an EB2) was APPROVED in May 2010. A month or so later, I was laid off but BEFORE the I-485 was ever filed. As far as I know, the I-140 has not been revoked. What are my potential options here? Can I find a new employer to file a 485 provided the new job is similar to the I-140 petition or do they have to start the whole process again?
more...
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rockstart
10-13 08:42 AM
You need to consider all possiblities
1) Best case scenario: Your H1 gets approved before Oct in that case no need to do anything
2) H1 does not get approved by Oct 31 & No h4 applied then I am not sure if you are in status or not
3) If you apply for H4 and then you have H1 approval and subsequently H4 approval. In that case least you are in status but you will have to go out of country and get H1 stamped to remain on H1 status.
I would recommend option 3 as that is safest option though it involves money and stamping hassale it is worth it.
1) Best case scenario: Your H1 gets approved before Oct in that case no need to do anything
2) H1 does not get approved by Oct 31 & No h4 applied then I am not sure if you are in status or not
3) If you apply for H4 and then you have H1 approval and subsequently H4 approval. In that case least you are in status but you will have to go out of country and get H1 stamped to remain on H1 status.
I would recommend option 3 as that is safest option though it involves money and stamping hassale it is worth it.
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chirag1211
09-24 03:41 PM
Hi,
I am as well on the same boat. My H1 is getting expired on Sep 2010. My Company is ready to file a GC. But can't convince them to file in EB2 category. Also looking at the backlogs don't know if its the good time to start the GC process.
Can anyone put some light to this sitaution.
Thanks,
Chirag
I am as well on the same boat. My H1 is getting expired on Sep 2010. My Company is ready to file a GC. But can't convince them to file in EB2 category. Also looking at the backlogs don't know if its the good time to start the GC process.
Can anyone put some light to this sitaution.
Thanks,
Chirag
more...
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ajobha
08-02 11:43 AM
hi guyz,
Please advise on this issue: I work for a engineering software company. Currently I work as a 'Technical Support Engineer', but my company has offered me a position of 'Sales Engineer'. I have already applied for my I-485, but have not received a notice yet. If I start working in the sales position, will this affect my GC application? Would the USCIS know about my change of duties, if my 'salary' and 'position title' remains the same? Please reply. Response will be highly appreciated!
-A
Please advise on this issue: I work for a engineering software company. Currently I work as a 'Technical Support Engineer', but my company has offered me a position of 'Sales Engineer'. I have already applied for my I-485, but have not received a notice yet. If I start working in the sales position, will this affect my GC application? Would the USCIS know about my change of duties, if my 'salary' and 'position title' remains the same? Please reply. Response will be highly appreciated!
-A
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pani_6
11-11 12:33 PM
With the elections changing the senators..we have to contact the new senators to pass our bills..so we need to write to new and important senators to pass the Bills...I was wondering if anybody had a list of new senators and thier addresses so that we would write a letter...sign in by hand and post...I have allways seen that sending sending Fedex is better that sending 37 cents stamped letter...but at least we should send in the 37cent letter..
Our activism will save us from this being taken up after the 2008 election!!.
The leaders have already mentioned that they have a common ground on immigration..we just need to stir up a debate and things will pass...
We are in the final lap..dont loose sight..!! ..IV is doing a Great Job!!
Our activism will save us from this being taken up after the 2008 election!!.
The leaders have already mentioned that they have a common ground on immigration..we just need to stir up a debate and things will pass...
We are in the final lap..dont loose sight..!! ..IV is doing a Great Job!!
more...
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cjain
09-12 02:56 PM
http://immigrationvoice.org/forum/showpost.php?p=114880&postcount=3560
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wandmaker
11-24 08:32 PM
copsmart: Take an infopass appointment and explain your situation to infopass officer, s/he will be able to guide you. I personally think, you will have to refile your EAD and AP with strong cover letter, and remember to write DO NOT OPEN IN MAIL ROOM. It might have been the reason, why your last refiling might have been returned by USCIS mail room contractors. Do an infopass appointment before you resend your file.
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vallabhu
10-03 12:56 PM
I don't think there are any adverse effects of updating them with correct address, I applied for 485 in July moved end of august and updated my address with them, All my Receipts and EAD and biometric were returned to them and they resent them to new address with a thank yo note for updating address.
hsrandhawa2007
05-15 01:55 PM
Hi ,
I was on F1 visa till oct 2008 and then a consulting firm file for my H1B . It was approved and my status has been changed . I tired a lot but i didn't get any project and i am on bench till oct 2008 and i am still on there H1B. Although in the mean time i was enrolled in school and never quit the school as i am working on my project in school and i always had valid I20 and valid I94 and F1 stamped on my passport till dec 2011. I am still enrolled in school.
Now my emplyer is saying to file COS and go back to F1, but i don't have paystubs and he is not giving me as he said being a bug company we dont do this.
I talked with a attorney he is filing my COS.
1) is there anyone in the same situation evr ?
1) Is there any other way i can follow?
2) what percent are there chances that my COS will get denied or accepted?
3 ) My employer is still marketing my resume?
Any Suggestions welcome!!
THANKS in advance
I was on F1 visa till oct 2008 and then a consulting firm file for my H1B . It was approved and my status has been changed . I tired a lot but i didn't get any project and i am on bench till oct 2008 and i am still on there H1B. Although in the mean time i was enrolled in school and never quit the school as i am working on my project in school and i always had valid I20 and valid I94 and F1 stamped on my passport till dec 2011. I am still enrolled in school.
Now my emplyer is saying to file COS and go back to F1, but i don't have paystubs and he is not giving me as he said being a bug company we dont do this.
I talked with a attorney he is filing my COS.
1) is there anyone in the same situation evr ?
1) Is there any other way i can follow?
2) what percent are there chances that my COS will get denied or accepted?
3 ) My employer is still marketing my resume?
Any Suggestions welcome!!
THANKS in advance
loudobbs
08-02 04:38 PM
Hi Folks
My Labor was approved under EB2 as the job required a Master's Degree but the Lawyer by mistake filed my I140 under EB3 and was approved Oct 2006. The mistake was noticed in May 2007 when we were planning to file for I485. The lawyer refiled my I140 under premium processing on may 23 2007. I checked the status on line and the LUD is May 27 saying application was received. The lawyer told me that CIS is waiting for 'original labor notice' from the labor dept.
Its been 2 months now and I am getting worried.
Anyone who has been in similar circumstances or familiar with this situation pl help.
My Labor was approved under EB2 as the job required a Master's Degree but the Lawyer by mistake filed my I140 under EB3 and was approved Oct 2006. The mistake was noticed in May 2007 when we were planning to file for I485. The lawyer refiled my I140 under premium processing on may 23 2007. I checked the status on line and the LUD is May 27 saying application was received. The lawyer told me that CIS is waiting for 'original labor notice' from the labor dept.
Its been 2 months now and I am getting worried.
Anyone who has been in similar circumstances or familiar with this situation pl help.
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