dealsnet
01-28 08:34 AM
If you overstayed more than 180 days will trigger a ban. Apply for a visa, or try to find out from CBP or your local consulate or embassy, to find out the ban period. May be 3 or 10 years. You can appeal for ban waiver. Tell the truth at consulate, if not the ban will be greater.
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amengiv
01-12 02:24 PM
Hello everyone,
I was scheduled to go to an I485 interview(PD: March 2006) at the end of this month.
Here is my situtation, my H1B was expired at 08/15/09 and I renewed my expired EAD(expired in January, 2009) on 07/30/2009. However my previous employee laid me off on 08/31/09. Before I got my new EAD on 11/18/09 and started my new job on 11/23/09, there was a period of time(from 09/01/09 to 11/22/09) that I was umemployed without a valid H1B or EAD.
Is that a big deal when I go to the interview? If it is, does anyone want to provide any advice?
Thanks a lot in advance!
Andrew
I was scheduled to go to an I485 interview(PD: March 2006) at the end of this month.
Here is my situtation, my H1B was expired at 08/15/09 and I renewed my expired EAD(expired in January, 2009) on 07/30/2009. However my previous employee laid me off on 08/31/09. Before I got my new EAD on 11/18/09 and started my new job on 11/23/09, there was a period of time(from 09/01/09 to 11/22/09) that I was umemployed without a valid H1B or EAD.
Is that a big deal when I go to the interview? If it is, does anyone want to provide any advice?
Thanks a lot in advance!
Andrew
traveldoc
10-05 05:20 PM
Guys,
I applied for Advance parole in 1st week of August. I called to expedite it on 2nd sept (due to family emergency) and they responded back to my request saying they had already approved my application on 1st Sept and mailed me a notice. Since I didn't receive it even after 3 weeks, I was sure my approval notice got lost in mail so I applied again (since I had to leave to India immediately because of the family emergency) and 2nd application reached them on 22nd sept and on 28th I received a receipt notice for the second application. On 24th sept I got an email saying my first AP application was approved and I received that notice on Oct 1st. Now my second application is pending and I have to leave latest by this Thursday. People are saying I can write a letter to TSC asking to withdraw my second application and they will just withdraw it. But now is it safe to travel before I hear something about my second application? Anyone been in this situation before? pls advice.
I applied for Advance parole in 1st week of August. I called to expedite it on 2nd sept (due to family emergency) and they responded back to my request saying they had already approved my application on 1st Sept and mailed me a notice. Since I didn't receive it even after 3 weeks, I was sure my approval notice got lost in mail so I applied again (since I had to leave to India immediately because of the family emergency) and 2nd application reached them on 22nd sept and on 28th I received a receipt notice for the second application. On 24th sept I got an email saying my first AP application was approved and I received that notice on Oct 1st. Now my second application is pending and I have to leave latest by this Thursday. People are saying I can write a letter to TSC asking to withdraw my second application and they will just withdraw it. But now is it safe to travel before I hear something about my second application? Anyone been in this situation before? pls advice.
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awi_ok
02-18 04:22 PM
Good day everyone,
I am currently on H1B (company A) and am waiting for my new employer (company B) to do the transfer of my H1B. The stupid thing that I did was I gave my two weeks notice already (I have about 10 more business days left). My questions are:
1. How would the USCIS knows my last day of employment in company A? Do they know this only if employer A terminates my H1B?
2. What if I ask employer A not to terminate my H1B, at least until the actual filing (by company B) occurs?
Please advise, suggest and/or comment.
Thank you in advance,
T
I am currently on H1B (company A) and am waiting for my new employer (company B) to do the transfer of my H1B. The stupid thing that I did was I gave my two weeks notice already (I have about 10 more business days left). My questions are:
1. How would the USCIS knows my last day of employment in company A? Do they know this only if employer A terminates my H1B?
2. What if I ask employer A not to terminate my H1B, at least until the actual filing (by company B) occurs?
Please advise, suggest and/or comment.
Thank you in advance,
T
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bidme_786
01-02 12:46 PM
I got a soft luds on my previous H1B which was approbed in 2007 Feb and a Case Status Information email for I-140 which was approved in Dec - 2006.
deba
06-12 04:39 PM
Whoever you choose, please do not go to Keshab Raj Seadie. His office is at 146 West 29th Street, NY. Phone: (212) 571-6002. Aptly named website: greencardmaker.com should be renamed greencardsucker.com
He is another worthless desi lawyer. Stay away from him! Only interested in taking your money. Poor service and once you have parted with your money good luck getting any timely response by phone or email. I have had very bad experience dealing with his office and don't be fooled by recommendations on his website saying he is very responsive etc.
He is another worthless desi lawyer. Stay away from him! Only interested in taking your money. Poor service and once you have parted with your money good luck getting any timely response by phone or email. I have had very bad experience dealing with his office and don't be fooled by recommendations on his website saying he is very responsive etc.
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ragz4u
05-09 09:46 AM
And we might be in the final edited version (very good chance) for a few minutes
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singhv_1980
02-19 11:19 AM
Hi,
I am Indian citizen residence in USA.
In my appointment letter I saw State of Residence:Tamil Nadu.
I didnt select this option.How this information came to my appointment letter.:confused:
I selected the option before taking appointment.... Indian Citizen Residence in USA.
Is there any chance to change that.My appointment date is with in one week.
Do i have to call anybody regarding this.
Pls tell to me any other options regarding this.
Dont worry man..even the same happened in my case. No need to sweat too much on this.
I am Indian citizen residence in USA.
In my appointment letter I saw State of Residence:Tamil Nadu.
I didnt select this option.How this information came to my appointment letter.:confused:
I selected the option before taking appointment.... Indian Citizen Residence in USA.
Is there any chance to change that.My appointment date is with in one week.
Do i have to call anybody regarding this.
Pls tell to me any other options regarding this.
Dont worry man..even the same happened in my case. No need to sweat too much on this.
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rp0lol
08-09 12:26 PM
My advise is to buy insurance from some local (means american company). The main reason is when you buy insurance from overseas company (even UK based) hospitals here don't honor them and you may be in big trouble. Also I per my first hand experience, Its very hard to get any reimbursments from Indian Insurance company, it takes months to get your money back.
Try www..com and you will get different options. But again do your own research and take your chances.
Try www..com and you will get different options. But again do your own research and take your chances.
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solaris27
03-14 08:52 AM
your brother have 2 year left in his engg , ask him to keep these prrof and if possible letter from collage .
he should be okay .
he should be okay .
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acecupid
07-16 12:42 PM
Recently I renewed my Advance Parole (AP), USCIS renewed it for 9 months only. Is it possible to check with USCIS to get a 1 year AP.
Thanks!
You must have applied 120 days in advance or many days in advance before old AP expiry. USCIS issues AP from the date it was approved so you tend to lose some months. I have heard some other members include a cover letter which says AP start date should be from date of expiry of old AP. Since you already got the document, I doubt you can do much about it. You may lose 2-3 months just trying send it back and requesting it to be corrected. I guess next time when you renew keep the cover letter in mind.
Thanks!
You must have applied 120 days in advance or many days in advance before old AP expiry. USCIS issues AP from the date it was approved so you tend to lose some months. I have heard some other members include a cover letter which says AP start date should be from date of expiry of old AP. Since you already got the document, I doubt you can do much about it. You may lose 2-3 months just trying send it back and requesting it to be corrected. I guess next time when you renew keep the cover letter in mind.
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OLDMONK
07-18 11:39 AM
Hi,
I am a B.COM and AICWA. I have also completed CA-Inter. I have totally 12 years of experience out of which 7 years in IT and 5 years Non-IT. I am currently working as Program Manager. My Labour is approved. My company is trying to get a evaluation done.
Would there be any issues when concurrently filing for I-140 and I-1485 with regard to the Education Evaluation.
Make sure you use a detailed evaluation from a reputed evaluator. Do not provide generic evaluation as we do while applying fir H1B.
Evaluation should specifically equate your B.Com degree to a 4 year US degree. + 5 years experience if you filed in EB2. (your labor should have a requirement of BS + 5 years progressive experience)
If filed for EB3 the evaluation should equate your B.Com degree as to equivalent of a 4 year US degree.
I am hoping that this is not a labor substitution case and you labor is YOURS and requirement is Bachelors in Business or Finance or Commerce.
Since you did not post details of your labor, I am not sure people can help you much with specifics.
some helpful pointers.
Try not to club your experience to come up with education equivalency.
If your labor is perm make sure you are already being paid what is on the labor approval.
Try not to use your CA-Inter or AICWA. Keep it simple and straightforward.
I am assuming there is no ability to pay issue and the company is green on its financials.
I am a B.COM and AICWA. I have also completed CA-Inter. I have totally 12 years of experience out of which 7 years in IT and 5 years Non-IT. I am currently working as Program Manager. My Labour is approved. My company is trying to get a evaluation done.
Would there be any issues when concurrently filing for I-140 and I-1485 with regard to the Education Evaluation.
Make sure you use a detailed evaluation from a reputed evaluator. Do not provide generic evaluation as we do while applying fir H1B.
Evaluation should specifically equate your B.Com degree to a 4 year US degree. + 5 years experience if you filed in EB2. (your labor should have a requirement of BS + 5 years progressive experience)
If filed for EB3 the evaluation should equate your B.Com degree as to equivalent of a 4 year US degree.
I am hoping that this is not a labor substitution case and you labor is YOURS and requirement is Bachelors in Business or Finance or Commerce.
Since you did not post details of your labor, I am not sure people can help you much with specifics.
some helpful pointers.
Try not to club your experience to come up with education equivalency.
If your labor is perm make sure you are already being paid what is on the labor approval.
Try not to use your CA-Inter or AICWA. Keep it simple and straightforward.
I am assuming there is no ability to pay issue and the company is green on its financials.
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laststraw
06-22 05:59 PM
Here are my case details
1. Labor approved with job role 1 with priority date of June-2004
2. I-140 EB2 filed - denied - appealed in May 2008 and is with AAO (I485 denied due to this)
3. I-140 EB3 filed for same labour in May 2008 - pending as NSC won't rule on this case until the AAO
4. Moved to a job role 2 which is 90 percent different from job role 1 with same company in Jan 2010 (forced to do it as my previous job role has been outsourced). Changed H1B to job role 2 and have initiated PERM process (got PWD and in the advt phase).
Here is my question:
I believe that there is very little chance for my EB2 I140 appeal will come through. But if it comes through, I don't want to re-open my I485 even though the EB2 date is current for this, as my job role has changed. Would I still be able to port the priority date from the approved EB2 for job role 1 to the new GC process with job role 2 (after my I140 for job role 2 is approved)?
Any thoughts on this is appreciated.
Thanks,
laststraw
1. Labor approved with job role 1 with priority date of June-2004
2. I-140 EB2 filed - denied - appealed in May 2008 and is with AAO (I485 denied due to this)
3. I-140 EB3 filed for same labour in May 2008 - pending as NSC won't rule on this case until the AAO
4. Moved to a job role 2 which is 90 percent different from job role 1 with same company in Jan 2010 (forced to do it as my previous job role has been outsourced). Changed H1B to job role 2 and have initiated PERM process (got PWD and in the advt phase).
Here is my question:
I believe that there is very little chance for my EB2 I140 appeal will come through. But if it comes through, I don't want to re-open my I485 even though the EB2 date is current for this, as my job role has changed. Would I still be able to port the priority date from the approved EB2 for job role 1 to the new GC process with job role 2 (after my I140 for job role 2 is approved)?
Any thoughts on this is appreciated.
Thanks,
laststraw
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gc122004
07-25 03:50 PM
I would like to request for info pass, let us say If I need it on August 2nd week how many days before I can login to info pass and take that.
In other words if I go an take Info pass today when can I get the erliest scheduled date?.
Thanks,
I fixed infopass appt last week for my interm EAD through infopass.uscis.gov. It showed me a date exactly 91st day from the date of RC date so I fixed that date. Hope this helps.
In other words if I go an take Info pass today when can I get the erliest scheduled date?.
Thanks,
I fixed infopass appt last week for my interm EAD through infopass.uscis.gov. It showed me a date exactly 91st day from the date of RC date so I fixed that date. Hope this helps.
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BMS1
11-04 01:15 AM
That was an old news. Around 60000 visa's were pre-allocated to pending applications before July 2nd, 2007. I would be very surprised if the numbers are not much more than 18000 for India EB3. India used to get around 40-45 K visas per year for all EB categories before 2005 since the soft quota was introduced. All these numbers are avilable on USCIS website.
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uma001
11-20 07:06 PM
OP sounds unrealistic
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i4u
04-27 10:25 AM
h1bwala, have you reported your employer to the dol for not paying you? you should.
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anilsal
01-29 01:04 PM
Thank you for the response.
The salary on Labor is mentioned as $76k. At the time of renewing EAD and AP every year it is at $90k. Since, salary increased after filing GC within the same company.
With AP portability a lot of advisors say, salary shouldnt be a concern rather job duties are.
USCIS interpretation is not always in line with the advice we get. I would still try to do thorough research before the huge leap.
The salary on Labor is mentioned as $76k. At the time of renewing EAD and AP every year it is at $90k. Since, salary increased after filing GC within the same company.
With AP portability a lot of advisors say, salary shouldnt be a concern rather job duties are.
USCIS interpretation is not always in line with the advice we get. I would still try to do thorough research before the huge leap.
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GCWhru
09-21 09:19 PM
Case received and Pending is a usual status when case is pending.
Sometimes status still remains pending even after case is processed. Also it doesn't mean that you should receive approval since your processing date is with in normal processing time, it may take one or two months more too.
Sometimes status still remains pending even after case is processed. Also it doesn't mean that you should receive approval since your processing date is with in normal processing time, it may take one or two months more too.
indianabacklog
03-22 11:22 PM
Hello everybody ! I am 22 years old. My parents had applied for GC under the employment based category. I, unfortunately, aged out before my parents applied I-140 because of the stupid backlogs. So I aged out even before an I-140 was filed. I was reading the Child protection act info and could not understand if I will be "automatically classified to the appropriate category" for GC which is Family 2B and retain my "original PD." Does this apply to me as I had not even filed I-140 when I aged out ? My parent's PD is Oct 2000 so does this mean I am under Family 2B with Oct 2000 PD ?? Please help me out. I am sure many of you with sons/daughters that are in a similar situation. Thanks
My son also aged out before my I140 was filed. I was told that he would not be able to keep the same priority date and it would be fixed by the date when I could apply for his family based application. So, if I were to file an I130 next week his priority date would be March 2008.
In order for the priority date to be fixed at the point when labor certification was applied for the I140 would have to be submitted before his 21st birthday and be approved within a time period that could be deducted from his age at time of approval, making him under 21 at that time.
The child status protection act is pretty useless to children in your position or my son's since the big delay occurred in the labor cert stage.
If however, you can find a different interpretation of this situation feel free to send me a personal message and I will follow through as well.
There are a number of members in IV whose children aged out so while this is not a prevalent subject matter it is one that affects more people than you might realize.
My son also aged out before my I140 was filed. I was told that he would not be able to keep the same priority date and it would be fixed by the date when I could apply for his family based application. So, if I were to file an I130 next week his priority date would be March 2008.
In order for the priority date to be fixed at the point when labor certification was applied for the I140 would have to be submitted before his 21st birthday and be approved within a time period that could be deducted from his age at time of approval, making him under 21 at that time.
The child status protection act is pretty useless to children in your position or my son's since the big delay occurred in the labor cert stage.
If however, you can find a different interpretation of this situation feel free to send me a personal message and I will follow through as well.
There are a number of members in IV whose children aged out so while this is not a prevalent subject matter it is one that affects more people than you might realize.
pbojja
03-13 07:33 PM
Hi All,
I would like my parents and my younger brother who is in his engineering college 2 nd yr to visit me on visitor visa. My father is a government emoployee with more than a yr job left, my mother has retired last yr and my brother has still 2yrs left for his engineering.
1. Do you think they should raise any objection for my brother getting a tourist visa ?
2. Should my brother's case affect my parent's case as well? I think given my father is a govt employee in India, that should work in his favor? Any thoughts.
Thanks in advance,
Get Visa for your brother is a dream . Your parents should get with out any issues . I would suggest dont even try foryour brother as this will be enetered in passport and can cause issues in future
I would like my parents and my younger brother who is in his engineering college 2 nd yr to visit me on visitor visa. My father is a government emoployee with more than a yr job left, my mother has retired last yr and my brother has still 2yrs left for his engineering.
1. Do you think they should raise any objection for my brother getting a tourist visa ?
2. Should my brother's case affect my parent's case as well? I think given my father is a govt employee in India, that should work in his favor? Any thoughts.
Thanks in advance,
Get Visa for your brother is a dream . Your parents should get with out any issues . I would suggest dont even try foryour brother as this will be enetered in passport and can cause issues in future
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