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miamikk

02-06 08:49 PM

I was able to file for COS on my own and successfully got it approved. The process took just about a month.

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thomachan72

03-28 03:17 PM

I completely understand that nothing is ever going to happen in favor of legal immigrants. However, when I saw what really the dream act meant to do, I just thought we should get some senators involved and aware of the plight about the kids of the legal community too. One of my friend has 2 kids and he has been waiting now for over 6 years every single day of that in perfect legal status. what wrong did the kids do? why dont they compare equal to the ilegal kids who are going to be blessed by this bill if it is passed. I am sure IV might not have enough will for this since many of the leaders might not have kids but atleast look at others who have kids and always face the dreaded scenario of having to uproot them from their schools/friendships in case of immigration-related issues.

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neverbefore

08-16 02:40 PM

Hi,

I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.

Thanks.

My experience at H1B stamping was that they canceled all my previously stamped visas and wrote/stamped "CWP" or "Canceled without prejudice" on them

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akmypoints

11-04 01:26 PM

Hi Experts,

Need inputs on following scenarios.

I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.

Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?

Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?

Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?

Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.

Thanks

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ngaheer

12-12 02:51 PM

Hi all,

This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.

Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.

So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.

I would be eager to see what people say here.

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gsc999

08-22 02:29 PM

My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.

I hold a MS degree in CS and BS degree in Industrial Engg.

Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.

Has anyone faced similar situation? How can I resolve this issue?
Please help as I almost spent 4 years in LC backlog queue!!!!!!!!
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You should be Ok. Usually the job req. list the "minimun" job requirements. If you are overqualified that is fine.

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a_yaja

04-18 09:32 AM

if u like to pay for it, there's already an option for u: EB5. price tag: $500K minimum!
Only in under-developed areas. For a developed area, it is $1 million.

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naidu

12-09 09:37 AM

Anybody knows, if the visa recapture included in the dream act?

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ragz4u

02-18 12:57 PM

I suspect there may be a backdoor to it

I don't think so....let me explain what happened when I moved from one state to another.

When I was in the state of Washington, they did not ask me for any document like H1 etc. This was 3 years ago. When I moved to PA (mid 2005)though, the DMV asked me for my H1 doc. The date of expiry was alright, but they had other problems.

Since I work for a consultancy firm based in NYC (and the client was in PA), they were not ready to even give me a license (since my employer was based in NY). I literally had to fight with the DMV manager to get my license. And yeah, he asked my employer to provide me a letter that said that I would be based in PA for next 3 years and what my income is (god knows what that has to do with my license)

I was fortunate that my consultancy firm was considerate and finally gave that letter to me even though the contract was initally only for 3 months. If they would not have given such a letter I would not have got a PA license and might have to go to NY to get a license from there!

But the DMV manager did explain to me that this was part of new regulations being implemented since last couple of years.

I have been through this and had to go to the DMV three times before I finally got my license.

And I endured all this while my H1 is still valid for a few years. Imagine the above if my H1 was valid for less than 1 year?

Why are we going through such a painful experience in spite of being 100% legal????

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mchundi

04-10 12:04 PM

For a change I was listening to Rush today. Interestingly he was very neutral about Bush's proposal. He thinks the new proposal is to the conservative's liking, but not sure how this will be implemented. Bush's push is our last hope this year. Nancy Pelosi does not want to take up any immigration bill that is not likely to pass(afraid of failure).
--MC

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WTFever

12-02 06:49 PM

Well this is the non-immigrant section, and I also said I was not sure where to post it. Care to give me a clue?

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saurin

02-09 09:24 AM

I inquired about the possiblity of LOA and that is definately possible according to my manager. Now how to get paystubs when there is an RFE?

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nanz16

12-11 06:32 PM

Hi Cal97,

AFAIK USCIS does not respond to interfiling requests. Whether it is successfully done is known only when you receive your 485 approval/ RFE Etc. Anyone with better answers ? I am also in the same boat.

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pappu

08-18 01:03 PM

Hi
http://www.immigration-law.com

--must be of great help
-Rao.

HOLY COW !!!!

This is so awesome!!!

we are going to save as many as 30 days from the total of 6-8 years of our green card process.

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jetflyer

06-08 11:49 AM

Thanks for opening this thread, I have a question which is not related to IV's core cause but suitable to this thread.
I want to ship my car to India and don't know where to start, I would appreciate if someone could share knowledge/experience.
Thanks in advance.

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martinvisalaw

01-11 03:52 PM

I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.

Your can apply for PR while in L-1A status, however if the L-1A expires before you have reached the 3rd step, you need to leave the US. That's why it would have been better to change to H-1B, so that the nonimmigrant status could be extended while the PR process was pending. Even if he is EB-2, it will take at least a year, and much longer if you and your husband were born in or China, before you can file the 3rd step.

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amsgc

11-26 01:34 AM

Cygnet,

There is no such thing as a transfer - every petition is a new petition.
In your case, you can be exempt from being counted in the yearly cap if your I-140 has been approved. While filing the petition, your new company will have to attach a copy of the approved I-140, or prove that your I-140 has been approved.

Hello Friends,

I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.

My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.

Thank you.

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rkat

02-06 11:21 AM

Hi Friends - I work at a university and have been with them for 4 years. My boss plans on giving my a 10-12% mid-year pay increase. But our HR says that H1 workers are not eligible for mid-year pay hikes..?? IS THAT TRUE.?

Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.

Can somebody please help!

Thanks in advace.!

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dilbert_cal

02-09 02:01 AM

I have a question to concerning my employment status. My manager recently told me that I should look out for a new job within company or outside. I am assuming he is saying that a layoff is looming out for me. I am currently on H-1B/EAD and my wife is also working on EAD.
I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.

So which is better, LOA or termination of job? Hard choice..

I doubt you will be allowed to take LOA. The company still has obligations on you when you take LOA - like employee insurance, medical premium, etc. How big the company is also matters. If the company is small and you have the right connections, this may possibly work but I doubt so still.

Your best bet will be to look for another job and take the AC21 route.

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totalvisa

04-25 08:39 PM

Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.

After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.

If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?

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perm2gc

06-23 05:49 PM

If a person tests positive for TB and the chest X-Ray also shows signs of TB the USCIS doctor will send us to the county doctor's office. If they also determine positive result we wil have to start the medication.

1) So with the dates becoming current on July 01 2007 can a person apply for I-485 or wait till the medication is completed?

2) Also how long does the medication take?

Thanks
1. You cannot apply without medical record.
2. 9 months is the course time for TB medication.

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