singhv_1980
01-31 10:41 PM
If you are planning to interview at Delhi, then check out the policies of the Delhi Consulate here: http://newdelhi.usembassy.gov/applyinghlopq.html
As of last Sept, there was no requirement to drop off the application a week before the interview, however, Mumbai did have that requirement.
By the way, did you investigate the delays due to PIMS? Any update on how one can request the information about the approved H-1B sent to the consulsate?
Thanks for the info.
I tried getting some info on PIMS here in US..but cudnt get any. All I have is through couple of forums including IV. I cudnt make any pattern based on approval date or service center for I-797. All I have is hope.
May god bless us all.
As of last Sept, there was no requirement to drop off the application a week before the interview, however, Mumbai did have that requirement.
By the way, did you investigate the delays due to PIMS? Any update on how one can request the information about the approved H-1B sent to the consulsate?
Thanks for the info.
I tried getting some info on PIMS here in US..but cudnt get any. All I have is through couple of forums including IV. I cudnt make any pattern based on approval date or service center for I-797. All I have is hope.
May god bless us all.
wallpaper photo, Lionel
kopra
02-25 12:19 PM
Yes you can say you didnt join them . Again, of all the cases i have heard , people at POE hasnt created any issue for H4 Re-entry.please take a one time appt with any good immigration att. so that you dont have to worry
Thanks Kopra for the reply.
Also, if their are any Questions form the Port of Entry officer about Paystubs, can we say that employer couldn't find me a project; hence I'm changing back my status to H4 or is there anything else that we can say more appropriate.
Thanks Kopra for the reply.
Also, if their are any Questions form the Port of Entry officer about Paystubs, can we say that employer couldn't find me a project; hence I'm changing back my status to H4 or is there anything else that we can say more appropriate.
bsbawa10
09-06 03:30 PM
Many thanks Americandesi, a very nice list. I want this to keep building up. If we can have specific instances with dates and individual experiences, it can help a lot. Please post
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FrankZulu
08-15 05:01 AM
3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?
Thanks.
You have to enter US once at least in 6 months & not 1 year.
Thanks.
You have to enter US once at least in 6 months & not 1 year.
more...
quizzer
01-09 12:27 PM
not to trivialize the issue at discussion.......... I am sure this is important to you.
However, what does this have anything to do with Non Immigrant visas?
reason is i want expert opinion from members of this esteem forum (most of them belong to IT industry and some of them would have similar experience like me)
Also i didnt know which forum to raise this question and i thought this particular forum was more related than GC forums.
However, what does this have anything to do with Non Immigrant visas?
reason is i want expert opinion from members of this esteem forum (most of them belong to IT industry and some of them would have similar experience like me)
Also i didnt know which forum to raise this question and i thought this particular forum was more related than GC forums.
belmontboy
04-25 07:11 PM
check the website: http://murthy.com/news/n_noh1bp.html
F-1 OPT with H1B Pending Now Wants 17-Month OPT Extension
�MurthyDotCom
Yet another variation that occurs involves F-1 students who have job offers. The prospective employer of an F-1 student normally has filed an H1B petition requesting a change of status for that F-1 student. The parties now want to take advantage of the April 2008 option announced by the USCIS to utilize the possible 17-month OPT extension provision. The employer needs to withdraw the H1B petition in order for the student to continue in F-1 status. Once the status is changed from F-1 to H1B, the individual would no longer be able to extend the OPT period, even if the H1B petition is approved for the future start date of employment. However, before withdrawing the potentially very valuable H1B petition, it is best to discuss the advantages and disadvantages with a qualified immigration attorney.
In your case you never started your H1 status. So you should be eligible for applying an OPT extension, which should give you ample time for next lottery.
I am no lawyer, you should check with a good immigration attorney about this.
F-1 OPT with H1B Pending Now Wants 17-Month OPT Extension
�MurthyDotCom
Yet another variation that occurs involves F-1 students who have job offers. The prospective employer of an F-1 student normally has filed an H1B petition requesting a change of status for that F-1 student. The parties now want to take advantage of the April 2008 option announced by the USCIS to utilize the possible 17-month OPT extension provision. The employer needs to withdraw the H1B petition in order for the student to continue in F-1 status. Once the status is changed from F-1 to H1B, the individual would no longer be able to extend the OPT period, even if the H1B petition is approved for the future start date of employment. However, before withdrawing the potentially very valuable H1B petition, it is best to discuss the advantages and disadvantages with a qualified immigration attorney.
In your case you never started your H1 status. So you should be eligible for applying an OPT extension, which should give you ample time for next lottery.
I am no lawyer, you should check with a good immigration attorney about this.
more...
lostinbeta
10-05 04:40 PM
:) :) :) =)
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Bush
03-10 10:33 PM
URGENT -
I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.
Please let me know yr opinion.
As per my attorney it should be during the time of 140 you have to apply along with a copy of old PD.
Now I am not sure.
I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.
Please let me know yr opinion.
As per my attorney it should be during the time of 140 you have to apply along with a copy of old PD.
Now I am not sure.
more...
vaishnavilakshmi
09-27 03:49 PM
Whoever has already attended FP, did the FP officer ask for 485 receipt also along with FP Notice.
I received FP Notice, but didnot receive receipts. I have the FP appointment tomorrow.
Thanks
No,
they did not ask us anything about any reciepts.U need to carry the ASC(FP) notice and photo identity.Thats all.!
goodluck,
vaishu
I received FP Notice, but didnot receive receipts. I have the FP appointment tomorrow.
Thanks
No,
they did not ask us anything about any reciepts.U need to carry the ASC(FP) notice and photo identity.Thats all.!
goodluck,
vaishu
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rajeshalex
09-06 10:34 PM
Lack of knowledge of FIFO.. Low hanging fruits are picked first. July 07 applicants are given low preference when compared with 08 applicants..
rajesh
rajesh
more...
makemygc
09-16 12:24 AM
4th thread by Chandu.......do administrators not monitor this?
Is andy garcia and andy_8214 the same? Just wondering:rolleyes:
Is andy garcia and andy_8214 the same? Just wondering:rolleyes:
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chanduv23
09-15 04:22 PM
Bump
more...
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JunRN
12-18 04:57 PM
Thanks for the link. It is really very helpful.
That is another risk of AC21. Remember that AC21 is just a rule and can be changed anytime. For example, the current AC21 rule is not requiring proof of ability to pay of the new employer. What if in the future they change the rules of the game and you are in the middle of it, you found out that your new employer is not cooperating regarding sending documents, etc.
Darn, am I stupid or what? I felt am I just chicken or am I just being wise?
Probable change in AC21 rules are these additional requirements:
1. New employer's ability to pay
2. New LC for the same occupation
The more we talk of using AC21 even before 180 days, the more USCIS will suspect of fraud.
That is another risk of AC21. Remember that AC21 is just a rule and can be changed anytime. For example, the current AC21 rule is not requiring proof of ability to pay of the new employer. What if in the future they change the rules of the game and you are in the middle of it, you found out that your new employer is not cooperating regarding sending documents, etc.
Darn, am I stupid or what? I felt am I just chicken or am I just being wise?
Probable change in AC21 rules are these additional requirements:
1. New employer's ability to pay
2. New LC for the same occupation
The more we talk of using AC21 even before 180 days, the more USCIS will suspect of fraud.
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Wish_Good
05-07 01:00 AM
Morchu's suggestion is a very good one. You file for a premium H1 with all the documentation and new approved I140. Can you share why your previous 485 was rejected?
-cheers
kris
Hi Krishnam70,
Here is my complete details:
Company A:
I was on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
I-485 Denied on June 26th, 2008(Denied because I-140 was denied).
Applied for MTR (I-120 B)for I-140. But denied again on Feb, 2009.
Applied one more MTR (appeal)for I-140 on March 13th, 2009 (check cashed by USCIS.. receipt copy not yet received).
Company B:
This Company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
H1 approved for this Company in July 2008 (Valid upto July 13th 2009).
Joined this company in Aug 2008
I-140 approved with this company Jan 2009.
Jan 23, 2009 H1 extension applied... Got denial notice on 30th march 2009 (dt.mar24, 2009)
Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act.
Applied MTR(Appeal) on this H1 Denail and got Receipt. Waiting for response.
Thanks
Wish_Good.
-cheers
kris
Hi Krishnam70,
Here is my complete details:
Company A:
I was on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
I-485 Denied on June 26th, 2008(Denied because I-140 was denied).
Applied for MTR (I-120 B)for I-140. But denied again on Feb, 2009.
Applied one more MTR (appeal)for I-140 on March 13th, 2009 (check cashed by USCIS.. receipt copy not yet received).
Company B:
This Company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
H1 approved for this Company in July 2008 (Valid upto July 13th 2009).
Joined this company in Aug 2008
I-140 approved with this company Jan 2009.
Jan 23, 2009 H1 extension applied... Got denial notice on 30th march 2009 (dt.mar24, 2009)
Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act.
Applied MTR(Appeal) on this H1 Denail and got Receipt. Waiting for response.
Thanks
Wish_Good.
more...
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radhagd
04-02 09:26 AM
I filed my LC using regular process in EB3 category in Dec. 2003 and then LC was thrown to backlog center and pending there for ever. then I filed another LC using PERM in EB2 category in Dec. 2006 and got it approved in Jan. 2007, then filed I140 in Feb. 2007. Now my lawyer told me my EB3 case got recruitment instruction, but our company's policy doesn't allow same person to file two I140 application. Due to I already start my EB2 I-140 application, I can not continue my EB3 case, means I will have to withdraw it (if I have not file EB2 I-140 yet, I can continue my EB3 LC, but still need to decide which one I will pursue when file I-140 for either of them later on). I was planning to get two I140 approved and then carry over my earlier PD to file EB2 485. but now things get blocked by company's policy, which even prohibited me from paying by myself. Sign! Would you guys give me any good idea to see if I have way to get my EB3 case moving forward? thank you in advance.
If you want to keep EB3 PD, the best option in your case is withdraw your EB2 140 and ask your company to file EB3 140, once it is approved, make sure you get a copy of approved I140. Find another company who is willing to do EB2 GC,file Labour. Upon approval of that Labour file EB2 140 requesting recapturing of EB3 PD. To be on safe side do not join the new company until you get Eb2 140 approved and join later at your conveniance.
If you want to keep EB3 PD, the best option in your case is withdraw your EB2 140 and ask your company to file EB3 140, once it is approved, make sure you get a copy of approved I140. Find another company who is willing to do EB2 GC,file Labour. Upon approval of that Labour file EB2 140 requesting recapturing of EB3 PD. To be on safe side do not join the new company until you get Eb2 140 approved and join later at your conveniance.
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singhsa3
08-20 09:10 PM
What if I say that you will be approved in next 15 days!
Include me
EB2 - I
I-140 Approved
PD: Oct 2005
RD: 2 JUL 2007
ND: 8 Sep 2007
Include me
EB2 - I
I-140 Approved
PD: Oct 2005
RD: 2 JUL 2007
ND: 8 Sep 2007
more...
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ravi98
10-08 10:32 AM
Lou Dobbs and Isabel Macdonald sparr back and forth
Lou Dobbs, Nation's Isabel Macdonald Clash Over Illegal Immigration Story On 'Last Word' (VIDEO) (http://www.huffingtonpost.com/2010/10/08/lou-dobbs-nations-isabel-_n_755416.html)
Lou Dobbs, Nation's Isabel Macdonald Clash Over Illegal Immigration Story On 'Last Word' (VIDEO) (http://www.huffingtonpost.com/2010/10/08/lou-dobbs-nations-isabel-_n_755416.html)
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nozerd
02-25 03:55 PM
I am reasonably knowledgable about benefit plans like 401(k) but just wanted a second opinion in the situation I decide to move perm to India.
1) Assume I have $ 100,000 in a 401K plan.
2) I terminate and roll over the funds to an IRA.
3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.
4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.
5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)
So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?
Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.
Thanks
1) Assume I have $ 100,000 in a 401K plan.
2) I terminate and roll over the funds to an IRA.
3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.
4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.
5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)
So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?
Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.
Thanks
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theoyilma
09-10 01:01 PM
Thanks sbmallik
If I was already on H1B right now, I know I would be able to extend my H1B visa until I get my green card. But, right now, I am on TN visa. And also I have finished the 6 years quota on H1B. So, I was just wondering if I can apply again for H1B. I have been on TN visa for about a year and half. I was just wondering, the fact that I haven't been on H1B visa for more than a year, would qualify me again to apply for H1B.
Thanks again!!
Theo
If I was already on H1B right now, I know I would be able to extend my H1B visa until I get my green card. But, right now, I am on TN visa. And also I have finished the 6 years quota on H1B. So, I was just wondering if I can apply again for H1B. I have been on TN visa for about a year and half. I was just wondering, the fact that I haven't been on H1B visa for more than a year, would qualify me again to apply for H1B.
Thanks again!!
Theo
superann09
05-09 08:38 PM
hi dil_ip,
Did your wife get your back on to H4 visa from H1? What was the procedure that you went with? I also am on H1 in the US and want to move back to H4. I plan to go to mexico and re-enter the US with my previous H4, which is valid till mid 2010. Is there any problem at the port of entry?
Please reply back
Thanks
Did your wife get your back on to H4 visa from H1? What was the procedure that you went with? I also am on H1 in the US and want to move back to H4. I plan to go to mexico and re-enter the US with my previous H4, which is valid till mid 2010. Is there any problem at the port of entry?
Please reply back
Thanks
Almond
07-18 09:00 AM
My friend's waiting to hear word on her application which is with the Philadelphia Backlog center. I read on here that they will finish processing these applications within the next 2 months and that will be it and at this point she and I are worried because another friend of ours got a letter asking the employer if he was still interested in sponsoring him (this was about 8 months ago or so) whereas she never did. The lawyer (same dope I go to) tells her to just wait, but the deadline is so close, it's scary. So, should she call, what can she do? By the way, she's been waiting since 2001. Thanks!