Friday, June 10, 2011

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  • kevinkris
    11-21 03:37 PM
    My friend did the same thing. Not h1 extention but re-instatement of AP to H1.

    It's same as applying for H1 (form 129 etc) but the option you select
    is different.

    Part 2. Information about this petition. * (See instructions for fee information.)

    Basis for Classification (Check one):
    Check 2nd option:

    Continuation of previously approved employment without change with the same employer.




    I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."

    As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.

    Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...

    I have had a valid H1 and AP for a while now and travelled on AP without issues.

    Hope it helped.




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  • immieb2
    10-14 09:04 AM
    I went to the Chennai consulate in July 2008 with blue jeans and bright colored T shirt and I got my H1 visa stamped. No issues. But I sure felt like the odd man out there, NO ONE else was wearing a jeans and shirt. At the interview she asked me how is the weather in Michigan, that's about it..



    Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.

    Thanks!




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  • CRAZYMONK
    01-11 02:29 PM
    I sent you a private message. Pls check




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  • H1B-GC
    07-15 02:14 PM
    All,

    Chennai Consulate has released the August appointment schedule on their site.

    http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf


    I got an appointment too.. yahoooooooooo...

    Congrats Bud! Can you Tell us when did you apply for the consular Process and ur I-485 date ???



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  • ramaonline
    06-15 02:13 AM
    h1 is dual intent visa under the current laws it is perfectly legal to hold both h1b and ead statuses - u can be in just h1b status if u wish or get into EAD status or maintain both if the h1 is valid




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  • bkarnik
    04-20 05:29 PM
    I called the CBP office at the nearest international airport and the officer said "As long as they leave the country with in 6 months they are good. I don't have to come to the airport to get it corrected". He did not ask me the I-94 numbers or any thing. He just confirmed they are here on class B2.

    So what does the gurus suggest?

    When it comes to immigration matters, my mantra is safe than sorry. I would still make the trip to the CBP office and get a date noted on the I-94. This way if you want to extend their stay, etc you will be covered.



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  • ash0210
    12-02 11:53 AM
    **** READ question 3 from May12,2005 MEMO (or search/read the full Memo)

    20 Massachusetts Avenue, NW Washington, DC 20529 HQPRD 70/6.2.8-P To: REGIONAL DIRECTORS SERVICE CENTER DIRECTORS From: William R. Yates /S/ Associate Director for Operations United States Citizenship and Immigration Services Department of Homeland Security Date: May 12, 2005

    Memorandum for Service Center Directors, et al.

    Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21

    Question 3. What is �same or similar� occupational classification for purposes of I-140 portability?

    Answer:When making a determination if the new employment is the �same or similar� occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
    A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the �same or similar� occupational classification.

    B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of �same or similar� occupational classification.

    C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this section for further clarification).



    Guys,

    Is it ok to have a title of Business Analyst and do software development? Programmer Analyst makes more sense for the position. Like wise Is it ok to have a programmer analyst title for a systems administrator? What kind of issues can one expect if the title and job duties/resume are not in sync?

    Thanks




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  • nirdlalegcade
    02-26 12:34 AM
    Hi one question,,,if I go home to my country to study using H4 while my GC is pending,then suddenly the GC was sent to my sister here in US,can my sister just mail my GC to me in my country so that if i go back here in the US,i can present my GC to the US immigration???uh!im confussed!thanks!



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  • pgc10
    02-03 01:00 PM
    My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.

    I'd like to believe that USCIS doesn't act upon such information. However, look at this guy's case.

    He says he got a "response" from USCIS after filing for AC21 stating that the information he sent was now "attached" to his existing application.

    http://immigrationvoice.org/forum/showthread.php?t=23339




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  • snowshoe
    11-15 08:28 AM
    We (3 of us from the PA state chapter) had a meeting with Congressman Joe Sastak's office staff in Media, PA.

    The staff member was completely unaware of our issues (other than, FBI name check takes long time and USCIS processing is slow). However, she was eager to understand our problems.

    She recommended that we should meet the office staff in DC since they handle issues related to legislations.



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  • belmontboy
    12-05 12:12 PM
    http://minx.cc/?post=279217

    you live your life dude, don't let any other M'fer control it!!!

    some LOSER! gave me a red for this post. The coward's comment was "is this how you talk to your mother...."

    What a jackass!!!
    Must be a terrorist sympathizer!!!




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  • TeddyKoochu
    10-14 04:34 PM
    Spring 2010 (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201004&RIN=1615-AB82)

    Sakthisagar & RSM144 many thanks for posting, the spring document has a target date of Oct 2010, I believe there is a chance of this happening sometime with the fee increase, they will have a fee for this. Hope this rule comes into play it is good news for us.



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  • sobers
    04-07 09:09 PM
    Yes this is funny indeed:-)

    Seems this guy is like an Ogre...

    Anyhow, faxes is only one aspect. We need to try to make some personal contact with the staff, perhaps visit his DC/Milwaukee offices. If we can focus our energies there, i sincerely think we can reap greater rewards.
    I sent you guys a pm. check it out.




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  • cvk90
    12-08 01:40 AM
    Not sure where this is going...Respond with caution folks...posting seems fishy !!



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  • swo
    07-16 02:28 PM
    How can you say that ? Please explain
    Murali

    Dude. He was joking.




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  • raysaikat
    04-21 12:00 PM
    I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010

    My spouse is on H1..can i switch over H4..

    > My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..

    so here is my dilemma::confused:

    a.) If i switch to H4 and after few months i get a project..can i go back to H1..->

    Yes. You might need to file a new H1-B petition though (I am not positive on that).


    b.) Can i file for H4 on my own..is it complicated?

    c.) if i change to H4..and my PD becomes current (PD Dec 2005)
    .) Can i file for AOS..as my 140 is approved..

    Yes.


    .) Suppose i go back to desh ..can i file for consular processing..if my PD become current

    Yes. You do need to file an application to change it into CP.



    thank you!

    Note however that you need to have a job offer to get the GC.



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  • qualified_trash
    11-30 09:56 AM
    if you have an approved I140, you can get a 3 year H1 extension. Just make sure that your new employer does PERM + I140 ASAP and you can retain your PD.

    industry, job description, qualification etc., only come into the picture if a substitute labor is being considered.

    also, make sure you speak with a lawyer.




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  • abandookwala63
    02-03 12:54 PM
    My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.

    I am in the same boat. My lawyer told me to sent AC21 notification to USCIS as I am on H1 and never used EAD. He told me that my old employer will not revoke I-140 but he will cancel my H1B which is valid till 2010 and they will come to know about your status(change in job) and incase at the time of interview they ask for paystubs how r u going to produce it as u are not working for him. Please give ur inputs as I may be wrong.




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  • ksrk
    12-10 04:36 PM
    Just EB1 through EB3 adds to 149579.
    Wonder how this tallies with numbers discussed especially during Aug and Sept. 2008...




    GCFrenzy
    05-19 12:42 PM
    Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.

    Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).

    Tell them you have to continue your job in India after the business discussions in USA.

    Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.

    just one cent info....




    hopeful08
    04-21 02:19 PM
    I wanted to inform the community that our GC is finally approved... I just checked my email hoping against hope that I might see some good news and good news is what I saw...
    This is a tremendous relief to us.
    They have approved and ordered card production to myself and my spouse. But looks like they have not approved our son's GC. Hope they don't delay that last piece of processing any longer.

    Good luck to everybody else and hope you all the best.


    Isn't this everyody's concern ? GC process is something that has absolutely no predictability. It's all luck...I've been waiting for that moment from almost 8 years postponing many important decisions in life. So, I've come to the realization that the only thing we can do is hope.



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