sbay2006
06-29 10:49 AM
When I went on a vacation to India, I had a valid H1B visa stamp that was valid for 30 more days. I also had an approved petition for extension.
I could have gone for stamping, but I chose not to and when I came back I showed them my H1B visa which was valid for 10 more days and also my extension petition. I was sent to Secondary Inspection (you can also be sent here in case you have an AP, nothing to be worried about SI, it very common nowadays). In that, a senior IO looked at both and then stamped my I-94 till the end of the extension petition (Oct 2010).
Though your situation is slightly different - you dont have a valid H1B stamp when you go to India, you can go to consulate and get it stamped with current H1B petition and while coming back you need to show the IO at counter both the VISA and the extension. Better yet, as some-one suggested, present both petitions to embassy in India and see how they handle it.
Have a safe trip..
I could have gone for stamping, but I chose not to and when I came back I showed them my H1B visa which was valid for 10 more days and also my extension petition. I was sent to Secondary Inspection (you can also be sent here in case you have an AP, nothing to be worried about SI, it very common nowadays). In that, a senior IO looked at both and then stamped my I-94 till the end of the extension petition (Oct 2010).
Though your situation is slightly different - you dont have a valid H1B stamp when you go to India, you can go to consulate and get it stamped with current H1B petition and while coming back you need to show the IO at counter both the VISA and the extension. Better yet, as some-one suggested, present both petitions to embassy in India and see how they handle it.
Have a safe trip..
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FinalGC
03-30 10:40 AM
All:
I have a question with regard to legal status:
Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.
(a) What will be the status of my wife and son after the 2 month period?
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
I would appreciate some wisdom here.....
I have a question with regard to legal status:
Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.
(a) What will be the status of my wife and son after the 2 month period?
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
I would appreciate some wisdom here.....
ibmguy
04-09 07:31 PM
I think I am not going to put a fight with the department handling my immigration. I may have to go for stamping though because they may not be willing to renew AP every year as a valid visa will save then from trouble (only trouble for me). Everyone is trying to cut short on expenditure.
BTW, my name ibmguy stands for Intermittently Brainwashed and Manipulated Guy. It has nothing to do with International Business Machines.
BTW, my name ibmguy stands for Intermittently Brainwashed and Manipulated Guy. It has nothing to do with International Business Machines.
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optimystic
09-29 08:43 PM
USCIS has updated the processing dates pages of all the four service centers on September 28. Now the pages say that these dates are valid as of July 31, 2008 only.
If I remember well the processing dates information was more up-to-date earlier.
So looks like CIS has backtracked from their earlier published dates. They are telling us that they simply cannot tell what the current processing dates are. All they can tell us is that what applications they were processing on July 31.
What can we deduce from this? Is it good? Is it bad? Or no relevance?
It could be good as CIS might be processing July 2007 485 applications as of today? Or may be not.
Simply more confusion, as if as it is we were not confused enough.
Its hard to gauge what they are trying to do here by mentioning that the processing dates are accurate only as of July 31, 2008. But just attempting to make a few guesses. I might be totally wrong though
- May be they are trying to cover up their silly, non-backable acts of swinging Processing Dates back and forth as a pendulum. And hence keep the web posting data perpetually at a older date, so that if some official corners them they can say "Oh, forget the web data, it is out of date. Here's the more updated *internal* info" . But at the same time to the general public , they can point to "Go look at the web data, I can't open a service request for you based on where the processing dates are at" and thus avoid all accountability and head aches of opening service requests etc.
- May be they are going to fast forward the dates now that the PDs are retrogressed and people can't file service requests left and right based on processing dates outside normal processing times.
If I remember well the processing dates information was more up-to-date earlier.
So looks like CIS has backtracked from their earlier published dates. They are telling us that they simply cannot tell what the current processing dates are. All they can tell us is that what applications they were processing on July 31.
What can we deduce from this? Is it good? Is it bad? Or no relevance?
It could be good as CIS might be processing July 2007 485 applications as of today? Or may be not.
Simply more confusion, as if as it is we were not confused enough.
Its hard to gauge what they are trying to do here by mentioning that the processing dates are accurate only as of July 31, 2008. But just attempting to make a few guesses. I might be totally wrong though
- May be they are trying to cover up their silly, non-backable acts of swinging Processing Dates back and forth as a pendulum. And hence keep the web posting data perpetually at a older date, so that if some official corners them they can say "Oh, forget the web data, it is out of date. Here's the more updated *internal* info" . But at the same time to the general public , they can point to "Go look at the web data, I can't open a service request for you based on where the processing dates are at" and thus avoid all accountability and head aches of opening service requests etc.
- May be they are going to fast forward the dates now that the PDs are retrogressed and people can't file service requests left and right based on processing dates outside normal processing times.
more...
desi3933
06-22 09:59 AM
This is from my attorney:
All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
EAD card copy for OPT if you had any;
All the visa stamps for reentering the States;
All H1b approvals;
I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.
"Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the documents are to prove your entry is legal and your stay is as legally approved.
It is the last entry not the first entry.
It is since first entry to for the Family based I-485, for Employment based I-485 section 245(k) applies and it requires status since last entry. In fact out of status < 180 days is forgiven under 245(k).
If your attorney does not understand 245(k), may be you should consider getting second opinion.
Section 245(k) applies for ALL employment based I-485s.
Not a legal advice
----------------------------------
Permanent Resident since May 2002
All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
EAD card copy for OPT if you had any;
All the visa stamps for reentering the States;
All H1b approvals;
I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.
"Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the documents are to prove your entry is legal and your stay is as legally approved.
It is the last entry not the first entry.
It is since first entry to for the Family based I-485, for Employment based I-485 section 245(k) applies and it requires status since last entry. In fact out of status < 180 days is forgiven under 245(k).
If your attorney does not understand 245(k), may be you should consider getting second opinion.
Section 245(k) applies for ALL employment based I-485s.
Not a legal advice
----------------------------------
Permanent Resident since May 2002
InTheMoment
06-27 01:09 PM
Giddu,
If the premium processing unit sent an e-mail that the petition was approved it does indeed mean it was approved.
Ignore the online status and expect the approval notice in the mail. No need need to panic.
This is from my own experience.
My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
Did anyone else encounter this?
If the premium processing unit sent an e-mail that the petition was approved it does indeed mean it was approved.
Ignore the online status and expect the approval notice in the mail. No need need to panic.
This is from my own experience.
My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
Did anyone else encounter this?
more...
optimist578
01-02 11:11 AM
What is the reason specified by applicants who have their Labor approved but I-140 pending, to extend their H-1 visa beyond the 6-yr limit ?
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AK01
02-13 12:38 AM
No, experience from current company does not count.
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
more...
joydiptac
03-26 09:20 PM
Something is not right about your posts. Also you signed up in March.
Wanaparthy sounds like Want to Party? Forgive me if this is really your name.
What kind of job are you looking for? How many years experience? Which platforms are you comfortable with?
Wish you all the best if u are genuine.
Wanaparthy sounds like Want to Party? Forgive me if this is really your name.
What kind of job are you looking for? How many years experience? Which platforms are you comfortable with?
Wish you all the best if u are genuine.
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casinoroyale
08-22 09:42 AM
I know that it is possible to apply for H1-B visa and enter after using EAD. But, I am little dubious about using old visa after using EAD, but it should not make much of a difference I think.
In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.
By the way, this is the only way one can re-instate their H1-B status after using EAD.
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.
By the way, this is the only way one can re-instate their H1-B status after using EAD.
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
more...
chanduv23
09-15 04:22 PM
Bump
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cvk90
07-05 05:19 PM
I've been contributing to Social security and everything...could other share their experiences ?
more...
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bekugc
03-31 11:33 AM
previously when entering on AP, they used to ask for receipt of 485.
so main proof they look for is a valid 'inprogress' 485 appln.
i dont think theyll ask ur wife to show her EAD card at the port of entry.
to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.
having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.
this shud be an easy qn for ur attorney.
so main proof they look for is a valid 'inprogress' 485 appln.
i dont think theyll ask ur wife to show her EAD card at the port of entry.
to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.
having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.
this shud be an easy qn for ur attorney.
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belmontboy
01-08 12:49 PM
your wish is my command Master, what can I do for you?
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monkeyman
09-27 03:36 PM
It takes 15 minutes at Boston ASC and you are expected to arrive 5 minutes before appointment just so that you can fill up a form. And you can take any copy so long as it has your name , Case # and A# on it. Its a simple process - no sweat!!!
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sk.aggarwal
08-15 11:10 AM
If this allows people to get EAD soon after getting approval for I140 I guess it should be good. Once a person gets EAD after 180 days he will be eligible to change employer. Also spouse will be able to work all the time we are waiting 5-7 years for PD to become current. Looks good to me.
I feel scenario that dates become accidentally current is quite rare. Am I missing something?
I feel scenario that dates become accidentally current is quite rare. Am I missing something?
more...
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durgakprasad
02-15 11:20 PM
Hi,
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
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bsbawa10
09-07 06:32 PM
And any ideas on what will we do with the final list? If it ever gets to include absolutely everything - much of it may even be hidden from us - you never know what goes on inside those Fed buildings!
I think if we have enough data with actual incidents /dates , we can atleast post them on blogs, send them to the director USCIS, send complaint to congress and whereever else we can.
I think if we have enough data with actual incidents /dates , we can atleast post them on blogs, send them to the director USCIS, send complaint to congress and whereever else we can.
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greencardfever
06-16 08:25 PM
Prior to attending US University X (January 2001 to April 2004), where I got my bachelors degree from, I attended US University Y for a semester (August 2000 to December 2000). I have my I-20 from University X, but I don't have the I-20 form from University Y. Is that going to be a problem in the I-485 stage even though I attended University Y 7 years ago and only for one semester? If yes, can my University Y F1 visa on my passport and/or transcripts act as a substitute for the I-20 form?
Please let me know. Thanks.
Please let me know. Thanks.
haider420
02-22 03:47 PM
I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..
anilsal
12-18 05:27 PM
I always call them and tell them that I am not. Based on my car records, they send the jury notice each time.
I do not think there is a need to send a copy of passport.
I do not think there is a need to send a copy of passport.
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