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natrajs

03-12 05:33 PM

M.B.A is always good no matter whether you are on H1B and or on GC, It is good for the career growth.

I have a MS and doing my MBA in finance and I am in IT, so if there is an opportunity take it and go for it

Good Luck and Best Wishes

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softcrowd

10-02 03:21 PM

If I-140 is withdrawn by the employer, one can not port the PD.

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dontcareanymore

04-02 01:37 PM

Just so all can understand :

Did you go for visa stamping while your current visa was valid and you came back to US with old (but valid) stamp while they are processing your request because they wanted more info?

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thomachan72

10-29 06:46 AM

Thanks, I do have the copy of I-140 approval notice with receipt number and all that info.

It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?

Thanks again!

Asuming you dont have an approved labor by 2013, you will not be able to apply for H1b renewal at that point (even if your PD is not current). The only way you can get further extensions is if you have completed the PERM by then or atleast have PERM pending for 365 days. Join somebody now and then look for others who would be willing to do the PERM immediately. I am not sure how long you can stay now since you are basically out of status as of last week.

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Lasantha

01-25 09:21 PM

You can create a new account with a new email address and then use that to point to the same case numbers. This would be the best approach if you don't have the contact numbers.

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japs19

02-20 01:13 PM

Q:1. First and foremost - can I change my job as I am entering the 6th year of H1?

A: I recently changed my job and I am in 6th year of my H-1. Two options you have at this stage. 1 (smartest): When the lawyer of new company applies for H-1 transfer, also apply for 3 years ext as you have 140 approved. My lawyer did and INS was kind enough to approve both(transfer & ext). 2: Have the employer agree to the fact that they will start GC process right away without any catches. Once that starts in 2-3 months you will have LC and 140 approved and then you can apply for H-1 ext.

I suggest option 1 is the best and works for almost everyone.

2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?

Yes. You have to apply LC. There are no timeframe limitations on INS side. The only limitation you may find or want to find now is if your new employer has any. Many employers has internal law that once hired, they wait till 1 year before processing GC. Usually the budget is an issue. In that case, here's what you propose. "I will pay all GC related fees out of pocket, and when I finish 1 year (hoping you have approved h-1 ext) of employment, reimburse me".

3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.

If you have smart lawyer, there should not be any issue.

Good luck ....:)

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emmNemm

12-10 08:06 AM

Hi,
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?

Thanks!

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Rajkrish9

10-30 11:07 PM

Hi All,

I need urgent help and suggestions for my situations..

I have been working with company A since March'2006. They applied my GC processing with substitute labor of Nov'2004 and got I-140 approved.

In July'2007 applied I-485 which is pending for myself and my wife as well.

EAD card has arrived recently with 2 years of validity till Oct'2010 both for myself and my wife. AP is also approved recently.

With all this I am still on H1-B until 11/15/2008. Since it is going to expire, I have asked my employer to file for my extension.. They came up with very vague options and questions which I have posted down in bold with 1 and 2.

1) We have filed your PERM application for the new position which qualifies for EB2. Please note that since you have an approved I-140, have filed your I-485 and have an EAD card, we will no longer need to maintain your H-1B status. Instead, we will withdraw your current H1 and save the remaining H-1B time left on this H1 for use in the future (if the need arises).

OR

2) If you wish to maintain your H-1B status, then (since your position has changed and we have filed a new PERM application on your behalf), we will need to amend your H-1B visa. Please complete the attached questionnaire at your earliest convenience and revert to me with a copy of your latest I-94 card. Please note that this is not an extension and so there is no need to file the H4 extension for your wife/family.

Please advise which option you want to go with. I strongly recommend option #1, but it is entirely your choice if you want to go with option # 2 and maintain your H-1B status. Please let me know how you want to proceed with your H-1B status.

If anybody come acrossed similiar type of situation or experienced already let me know and this would really help in taking the decision.

It's very emergency..

Thanks,
Raj.

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vvpandya

11-05 05:20 PM

Any one with july 3rd recvd date at NEBRASKA recvd AP?

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gotgc?

02-20 01:47 PM

I have the same issue...my original DOB is different from whats in all my offical documents....local muncipality in India had my birth certficate with original DOB...I said we dont have birth certificate at all...so, they issued me certificate of non-availability....this should be easy to get....

if you submit the original one with different DOB than whats in the passport, it will screw up the whole thing.....

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ragz4u

02-03 12:40 PM

You should try and get an appointment with his staff. I am also from PA and am willing to come with you to their office if he gives an appointment.

Did anyone else get any emails from their senators/congressmen?

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guesswho

10-23 08:09 PM

Anyone going to Nogales for visa, I would suggest reading my exp:

http://immigrationvoice.org/forum/showthread.php?p=208797#post208797

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msp1976

12-22 02:02 PM

What happens in someone is not at the address and he does not receive any communication regarding the jury duty.


Well...If the judge happens to get enough jurors at the time he/she might not issue an arrest warrant ....If the judge issues the arrest warrant and the local police cannot find you, the warrant just sits there....There is a national database for outstanding warrants...When someone gets caught doing something else, they look up for the outstanding warrants..Then I guess they would hand you over to the police where there is an outstanding warrant for you. Otherwise the warrant just sits there..You would need to explain to the judge that you are not eligible for jury duty and explain the situation and the judge might expunge the record.....You would spend some hard earned money doing that...

The whole thing might degenerate into 'My Cousin Vinny'.

You should always forward your mail...Don't get caught doing something stupid either...That is a good advice for always.....
I don't think that the immigration people look into the outstanding warrants...

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glen

03-08 09:57 AM

Great! I have been speaking to my colleagues and friends about IV. Trying to spread awareness about IV. Most have registered :) but not all have contributed.

One thing for sure, emails alone do not work. Each individual has to be called and followed. There are many who do not understand the gravity of the situation.

If all current members can get five more guys to register. Goals can be met in no-time.

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SunnySurya

07-13 12:49 PM

Reading your post, it seems that it is better for me to do nothing (option A).
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.

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bayarea07

03-20 05:44 PM

Well, if you go according to the Lawyer of this forum with which guys had a conference call (you can hear the recording thats on the home page of this site)

Then its advisable to apply in EB3 category and her reasoning was that with her experience she has seen lots of EB2 application in the past few years and very less EB3 apps and hence chances of EB3 being processed earlier than EB2 are quiet high.




I needed some advice on this situation I've found myself in.

I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.

Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.

I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May, refiled Oct 07 with the current employer) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.

I can't decide on weather to keep my existing EB2 job or take the new offer and step down to EB3.

Please help!

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dil_ip3

02-25 10:57 AM

My wife wants to move from h1b to h4 status.

Her H1b has started on Oct 1st 2008, and since then her employeer has not found any project and he is not running any her payroll till now.

What is the procedure to come back to H4.

She already has H4 Stamping valid in her passport (until August 2009).

She does not have H1B Stamping on her passport.

My H1B status is perfect with all paystubs.

Her lawyers are suggesting her to go out of country and come back on her H4 Stamping.

I am afraid if any one would ask her about her H1B Paystubs on her arrival back into USA.

Would there be any problem in coming back on H4?

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thomachan72

09-04 08:46 AM

Hello,
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
Did you leave the country on your own will or were you let go by the employer? Just curious. Hope things work out.

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Blog Feeds

01-20 08:20 AM

In this Bog article we discuss the very unfamiliar area of H3 visas for the Hospitality Industry. The very talented attorney Kate Powell from our office has been very successful in crafting and getting approved numerous such cases, and her summary is presented below.

The H-3 nonimmigrant (http://www.h1b.biz/lawyer-attorney-1137115.html) visa category is available for aliens coming temporarily to the United States as either a:

� Trainee to receive training, other than graduate or medical education training, that is not available in the alien�s home country or
� Special Education Exchange Visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities.
This article will cover only H-3 trainee visas. H-3 training may be in a variety of fields, including commerce, communications, finance, government, transportation, agriculture, etc. Our office has been successful in obtaining H-3 visas for numerous hospitality trainees to receive hospitality related training at the hotels in the U.S.

Training purpose. The heart of an H-3 petition is the explanation for conducting the training in the United States. The petition should describe how the U.S. company is benefited by providing the training, the career abroad for which the training will prepare the foreign national, and the reason why the training cannot be obtained in the foreign national�s home country. The training program should be related to the petitioner�s business and cannot be for workers who already possess �substantial training and expertise� in the area of training.

The petitioner must establish its ability to provide the training, and the training program itself must not be available in the foreign national�s own country. In addition, the training cannot be in a field unlikely to be used outside the United States, or the primary purpose of which is to eventually staff the domestic operations of the U.S. company. This classification is not intended for employment within the United States. The petitioner must establish that the beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training. It is designed to provide an alien with job related training for work that will ultimately be performed in the alien�s home country.

Therefore, it is very important to show that the trainee has no intention of abandoning his or her foreign residence and will return to his or her home country upon completion of the training program.

Training program. In order to obtain H-3 classification, the petitioner must describe the training program in detail. The description must include the nature of the training, the type of supervision, the proportion of time, if any, that will be devoted to productive employment, the number of hours in classroom instruction and/or on-the-job training, and an itinerary if the training will be in more than one location. The training program that deals in generalities with no fixed schedule, objectives, or means of evaluation will not be approved.
Practice shows that training programs will be approved if they are described carefully and specifically, and if the petitioner demonstrates some benefit to the U.S. company providing the training.

Advantages of H-3 category

1) Eligibility for H-3 status is not based on advanced education. Unlike nonimmigrant work visas, absence of the degree in the field of training is actually beneficial for H-3 classification. The regulations require that the alien does not possess substantial training in the proposed field of training.

2) There are no numerical limits on the number of H-3 petitions granted each year. H-3 may be a good option for an alien who wants to stay in the U.S. and eventually apply for H-1B, but the number of H-1B visas allotted for the fiscal year has run out and the alien has to wait until the visas become available. In that case, the alien might want to receive H-3 training and then switch to H-1B in the future. If this is the case, the adjudicator might later request evidence that the alien has intent to go back to his or her home country after completion of the temporary employment in the U.S. This is because anytime you apply for a nonimmigrant visa the adjudicating officer has a presumption that you have the intent to immigrate. Therefore, the burden is on you to show that you have sufficient ties with your home country, such as relatives, property, offer of employment upon your return, etc.

3) Sometimes it may be beneficial to obtain H-3 training visa rather than J-1 training visa. Certain J-1trainees are subject to a two-year home residency requirement that requires that they return to their home country before they can acquire H or L visa status or permanent residency. The H-3category does not have such a requirement, and there are no specific rules excluding any particular occupations--unlike the J-1 training category, which has numerous occupational exclusions.

Limitations on extensions. If the H-3 petition is approved, you may be allowed to remain in the United States for up to 2 years. However, we advise our clients to complete the training program before the expiration of 2 years. An H-3 foreign national trainee who has completed two years of training may not have his or her status extended or changed or be readmitted to the United States with another H or L visa unless he or she has resided outside the United States for at least six months. In order to avoid that, we recommend our clients to change their status before completing full two years of training. In that case, the alien does not have to remain outside the U.S. for 6 months.

In case H-3 visa is denied, there are ways to challenge the denial. Our office has been successful in securing an H-3 visa even after the denial was issued.

H-3 training visa may be used to provide a nonimmigrant solution for training in a variety of industries, and, thus, can be a valuable tool in meeting the goals of U.S. employers and foreign nationals seeking training in the United States. The circumstances of each case must be evaluated to determine which would be more appropriate and advantageous to your particular case, taking into consideration many of the factors discussed above. If you are interested in your eligibility for H-3 visa, contact our office for additional information.





More... (http://www.visalawyerblog.com/2011/01/hospitality_h3_trainee_visas_o.html)

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deekay

06-21 11:57 AM

I came back to US on Mar 30 2008 using advance parole. The officer wrote on I-94 , paroled until Mar 29, 2008 (I am assuming its an oversight).

I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.

I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008

Thanks

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freakin_gc

11-14 03:19 PM

I dont have any hope that I will be receiving GC soon...my I-140 is still pending at NSC and unfortunately I'm from India ;(

PD AUG 2004(EB3)
140 Pending RD June 26th, 2007
485 Pending RD Aug 13, 2007
EAD APPROVED Oct 26, 2007
FP DONE SEPT Oct 20, 2007
AP APPROVED Nov 2, 2007

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