shortchanged
07-18 07:16 PM
Since it is asked when was your last entry into USA, your I-94 on 15th has to be entered into the 485 application.So to be safe, you will have to be in USA at the time your I-485 form is filed.Actually if you can overnight First Fedex it,it will arrive at NSC on 17th morning, you will still be in the window of opportunity.Remember,NSC picks up mail only once a day.
If I were you, I would return back earlier than 15th to be in USA at the time of filing.You never know when your next opportunity for AOS filing will come.
In fact I am cancelling 5 airline tickets ,I am loosing $1500.00 just for this cancellation,in addition to many other inconveniences.I am sending my Mother all by herself.
If I were you, I would return back earlier than 15th to be in USA at the time of filing.You never know when your next opportunity for AOS filing will come.
In fact I am cancelling 5 airline tickets ,I am loosing $1500.00 just for this cancellation,in addition to many other inconveniences.I am sending my Mother all by herself.
schandra
11-24 04:50 PM
Same here too
Stuck in EB3 though - I-140 Denied in Aug 2008 and filed an Appeal.
And to make it worse, no time left in H1 either, as I have been here since 2001.
Is there any alternative to this?
As in, can we apply for another I-140 while the appeal is still going on?
I seached in the AAO decisions website and the signs are not very encouraging. attached link has Jul 30 2009 decision in regards to 3 yr bachelor with diploma. I am seeing a lot of these.
http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jul302009_07B6203.pdf
Is there nothing we can do to tackle this situation?
I would REALLY appreciate if you anyone can provide more info or share their experiences, provide an opinion, ANYTHING.
Thanks
Subbu
Stuck in EB3 though - I-140 Denied in Aug 2008 and filed an Appeal.
And to make it worse, no time left in H1 either, as I have been here since 2001.
Is there any alternative to this?
As in, can we apply for another I-140 while the appeal is still going on?
I seached in the AAO decisions website and the signs are not very encouraging. attached link has Jul 30 2009 decision in regards to 3 yr bachelor with diploma. I am seeing a lot of these.
http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jul302009_07B6203.pdf
Is there nothing we can do to tackle this situation?
I would REALLY appreciate if you anyone can provide more info or share their experiences, provide an opinion, ANYTHING.
Thanks
Subbu
raysaikat
06-20 08:59 PM
[snip...]
As long as you have the I-797 approval petition you are good.
S/he has to have a valid I-94 to stay in the country legally. I-797 usually comes with an I-94. However, what the original poster said is that his/her I-94 is going to expire. I am interpreting the statement to mean that among the I-94's (one or more) s/he holds, the one with farthest validity is going to expire. If it does, s/he has to go out and get a new I-94 while re-entering. If s/he applies for some other status, and relevant I-797 comes with another I-94, then that's different. The bottom-line is, s/he has to have a valid I-94. It is irrelevant if the I-94 is given by the IO at the entry post or attached to an I-797.
As long as you have the I-797 approval petition you are good.
S/he has to have a valid I-94 to stay in the country legally. I-797 usually comes with an I-94. However, what the original poster said is that his/her I-94 is going to expire. I am interpreting the statement to mean that among the I-94's (one or more) s/he holds, the one with farthest validity is going to expire. If it does, s/he has to go out and get a new I-94 while re-entering. If s/he applies for some other status, and relevant I-797 comes with another I-94, then that's different. The bottom-line is, s/he has to have a valid I-94. It is irrelevant if the I-94 is given by the IO at the entry post or attached to an I-797.
snowshoe
12-17 07:35 PM
I am planning to visit Mexico (not for H1 stamping - plan to use AP), I had called up their consulate in Philly and was told that they are not issuing visas at that location until Jan first week. The person I spoke to suggested that I go to the consulate in New York. I tried calling the consulate in NY, however, I could not get to speak with anyone there. They had an automated message that lists the things required for the stamping, the visa fee ($36), etc.,
However, no info if I have to schedule an appointment, how long they require to process the application.
Does anyone here have an experience with the Mexican tourist visa stamping?
Thanks in advance.
However, no info if I have to schedule an appointment, how long they require to process the application.
Does anyone here have an experience with the Mexican tourist visa stamping?
Thanks in advance.
more...
fromnaija
12-09 04:09 PM
According to my attorney, you can re-apply for AP from outside of the U.S. and have it delivered to a local consulate.
I will not argue with what your lawyer tells you.
However, because Form I-131 is used for multiple purposes, some of the instructions are applicable to one condition and not to the other. So read the instruction again and you will see that some of the references to sending the document to overseas consulate refers to when it's used as a Reentry Permit, Refuge Travel Document, or as Advanced Parole for humanitarian reasons. For someone who applied for AOS, sorry no such luck.
I will not argue with what your lawyer tells you.
However, because Form I-131 is used for multiple purposes, some of the instructions are applicable to one condition and not to the other. So read the instruction again and you will see that some of the references to sending the document to overseas consulate refers to when it's used as a Reentry Permit, Refuge Travel Document, or as Advanced Parole for humanitarian reasons. For someone who applied for AOS, sorry no such luck.
Ryall
09-05 07:45 PM
haha :P I agree the pixel stretch can look awesome (as in the case of Dans splash - great job by the way!)... I just think it is more often used when it would have been better to leave it out or try something different - but it can definitly be the way to go in the right situation.
Peace
Peace
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Humhongekamyab
08-20 03:17 PM
I am glad they have started enforcing this. This will let them work on the cases rather than answer the calls.
hary536
05-20 03:51 PM
Hi, Thanks for the reply.
In my company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits.
So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment.
Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to
file an amendment? If yes, which H1B or LCA or both?
Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also?
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
In my company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits.
So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment.
Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to
file an amendment? If yes, which H1B or LCA or both?
Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also?
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
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smgms
07-11 09:51 AM
I would recommend get the report both for you and your wife.
waitin_toolong
07-18 07:03 PM
what if for some reason you miss the flight or it gets canceled, give yourself some buffer time and save a lot of grief.
Decide a few dollars is more important than getting I-485 on time or not.
I have seen the same thing with B1 people, first they forget the rule is 180 days not six months then they book last day flight and are here beyond I-94 date.
Decide a few dollars is more important than getting I-485 on time or not.
I have seen the same thing with B1 people, first they forget the rule is 180 days not six months then they book last day flight and are here beyond I-94 date.
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pmat
03-14 03:50 PM
She doesn't need a transit visa. My mother-in-law came last week through Munich. She had a 10-yr multiple entry US visa stamped and didn't need any German transit visa.
BimmerFAn
06-22 09:03 PM
Hi guys, I am trying to understand this whole process and was wondering if you could help me out.
I'm a CPA working for a Big4 in the US for h1-B. I have 2 years of experiences (1 with the same company). I am not from Europe. I have the following 2 questions:
1. What can I expect in terms of waiting for a GC if my employer were to file today? It's a huge firm and submits many GC sponsorship requests per year. I belieave 700 were submitted in 2009.
2. Would my CPA/Lvl 2 CFA Certification as well as my membership in professional organizations and performance bonuses (highlighting exceptional ability) bump me up to EB2 if EB3 is not current?
Thank you for your input.
I'm a CPA working for a Big4 in the US for h1-B. I have 2 years of experiences (1 with the same company). I am not from Europe. I have the following 2 questions:
1. What can I expect in terms of waiting for a GC if my employer were to file today? It's a huge firm and submits many GC sponsorship requests per year. I belieave 700 were submitted in 2009.
2. Would my CPA/Lvl 2 CFA Certification as well as my membership in professional organizations and performance bonuses (highlighting exceptional ability) bump me up to EB2 if EB3 is not current?
Thank you for your input.
more...
fatjoe
10-10 03:36 PM
http://www.murthy.com/news/n_ombloc.html
sirinme
03-16 02:21 PM
I got this letter from USCIS last week, but wasn't aware of this action item. I hope it's not too late.
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geniousatwork
09-22 08:56 PM
Tsc
which service center tsc or nsc????
which service center tsc or nsc????
okuzmin
07-13 11:26 AM
If you invest more than 1 million(like bechams hollywood hills home) in US you are eligible to apply for a greencard
You're a bit confused. To get investor's visa, you need to invest either in certain underdeveloped areas (half a million will be sufficient), or you need to create a certain number of jobs with your investment/business. I wonder, however, if one would qualify by buying an expensive house and providing jobs for 10+ people maintaining your house on a full-time basis. :)
You're a bit confused. To get investor's visa, you need to invest either in certain underdeveloped areas (half a million will be sufficient), or you need to create a certain number of jobs with your investment/business. I wonder, however, if one would qualify by buying an expensive house and providing jobs for 10+ people maintaining your house on a full-time basis. :)
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chanduv23
09-14 04:55 PM
Follow Your Heart
bskrishna
04-12 07:50 PM
In other words we can go through CompeteAmerica, as this is the umbrella organization working in this area?
pune_guy
02-19 05:20 PM
I would suggest that you follow the option of joining some other company, if that is possible. You would be joining with enough experience so as to qualify for a new EB2 application. You can retain your EB3 application and priority date if 180 days have passed since filing 485, which in your case has happened so you are OK.
Trying to file an EB2 application through the same employer might be tricky because you cannot count the experience that you have gained with the employer. Even though a case could be made that you have a masters degree in business but I suspect that that may not be enough as, if I understand you correctly, you have no "business development" experience from your previous employment. Thus you would be a candidate with a degree but no experience.
Just my two cents.
Trying to file an EB2 application through the same employer might be tricky because you cannot count the experience that you have gained with the employer. Even though a case could be made that you have a masters degree in business but I suspect that that may not be enough as, if I understand you correctly, you have no "business development" experience from your previous employment. Thus you would be a candidate with a degree but no experience.
Just my two cents.
sanju
08-31 12:10 PM
I think we all should VOTE in this poll.
You will waste your time if you vote in Lou Dobbs polls. His pools are rigged. These polls start in the loo as they begin by giving 100,000 votes to his ideological point of view and 0 votes in support of the opposite view. Hence the disclaimer to the pools. I suggest that we simply ignore him and don't participate in his pool. It would be one less human being giving Lou Dobbs no value, making him inconsequential one person at a time.
You will waste your time if you vote in Lou Dobbs polls. His pools are rigged. These polls start in the loo as they begin by giving 100,000 votes to his ideological point of view and 0 votes in support of the opposite view. Hence the disclaimer to the pools. I suggest that we simply ignore him and don't participate in his pool. It would be one less human being giving Lou Dobbs no value, making him inconsequential one person at a time.
kamal
08-04 02:27 PM
Hi,
I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.
My employer is based in Texas and I am working in california.
After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.
Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.
Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.
The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.
It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.
The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.
Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.
I've the following queries it would be great if I could get some answers/discussions/advice on the same.
1. Is my employer really trying to scare me so that I can pay them for the damamges?
2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
3. If so how would I approach from here?
4. Has anybody similar experiences with their employers?
5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.
My employer is based in Texas and I am working in california.
After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.
Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.
Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.
The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.
It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.
The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.
Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.
I've the following queries it would be great if I could get some answers/discussions/advice on the same.
1. Is my employer really trying to scare me so that I can pay them for the damamges?
2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
3. If so how would I approach from here?
4. Has anybody similar experiences with their employers?
5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
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