gcwait2007
04-18 08:18 PM
First of all if you are the employee for whom the case has been filed, you should NOT be contacting the Dept. of Labor. The purpose of the DOL as stated in the regs is to notify the USCIS that there are no able, willing, or qualified US workers for the position, and that's why they are granting you the position. If you call, especially over and over as you have indicated, that's a big red flag. Leave it alone and let your attorney or employer contact them.
A very much TRUE statement....
A very much TRUE statement....
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prdgl
02-12 10:27 PM
Thanks a lot.
The reason is I cannot show my 2.5 yrs of experience which i have with my current employer who is filing my LC. I am desperately trying to show MS+x yrs of experience so that its easy to get through
Thanks
The reason is I cannot show my 2.5 yrs of experience which i have with my current employer who is filing my LC. I am desperately trying to show MS+x yrs of experience so that its easy to get through
Thanks
GCKarma
07-18 12:10 PM
Guys,
Is there a chance of USCIS coming back and saying that they will not take applications for I485 after July 31 2007 for whatever crap reason?
Is there a chance of USCIS coming back and saying that they will not take applications for I485 after July 31 2007 for whatever crap reason?
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absaarkhan
01-31 12:06 PM
I-94 validity given by immigration officer over-rides the I-797 I-94 validity
Yes the I-94 given by the Immigration Officer Overrides the I-94 Validity Issued by
USCIS with your I-797. This is Per the "Last Action Rule".
When you Entered US on your Visa, you should have shown the New I-797 Approval and the Officer @ POE would have given you the I-94 Valid until the New I-797, if they dont we have right to request to talk to their Supervisors.
Anyway, its too late now and you have the following 3 Options:
1. You can go any of the Customs And Border Protection deferred Inspection sites
and get it corrected, refer to link below to go the site nearest to you.
Also, it DOES NOT have to the same city where you entered US. You can
go to any site.
http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/
2. You can go out of US and while entering back you should make sure you use the
Latest Approval. You can go to Canada by Road and Come back.
3. File for H1B Extension before June 2008 which is the Current I-94 date on your
Passport
Other Senior Members feel free to Add more Options.
Yes the I-94 given by the Immigration Officer Overrides the I-94 Validity Issued by
USCIS with your I-797. This is Per the "Last Action Rule".
When you Entered US on your Visa, you should have shown the New I-797 Approval and the Officer @ POE would have given you the I-94 Valid until the New I-797, if they dont we have right to request to talk to their Supervisors.
Anyway, its too late now and you have the following 3 Options:
1. You can go any of the Customs And Border Protection deferred Inspection sites
and get it corrected, refer to link below to go the site nearest to you.
Also, it DOES NOT have to the same city where you entered US. You can
go to any site.
http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/
2. You can go out of US and while entering back you should make sure you use the
Latest Approval. You can go to Canada by Road and Come back.
3. File for H1B Extension before June 2008 which is the Current I-94 date on your
Passport
Other Senior Members feel free to Add more Options.
more...
Suva
07-18 03:26 PM
I don't think you are right for first question. AC21 can be invoked if you have applied 485 more than 180 days. Why EAD is related here. You can change the job after 180 days by transferring your H1 to new company. This is the information I have but it is better to verify it from a lawyer.
1. Can we use AC21 provision without EAD card ?for 485 AOS -- NO
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ? - If you wish to have one, You can apply EAD to use AC21 after 6 months /renew your H1 and continue working
3. Can we apply for EAD later, after you have filed 485 and AP? yes If so do we need any reciept of 485 application Yes
1. Can we use AC21 provision without EAD card ?for 485 AOS -- NO
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ? - If you wish to have one, You can apply EAD to use AC21 after 6 months /renew your H1 and continue working
3. Can we apply for EAD later, after you have filed 485 and AP? yes If so do we need any reciept of 485 application Yes
RNGC
07-07 11:37 AM
^
more...
xiaomatu
06-05 04:33 PM
My I-140 was approved on 5/8/2008 and my attorney received the original approval notice on 5/14/2008. The online status on uscis website was like "approved, approval notice sent" at that time. But since 5/22/2008, the onlien status changed again into:
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On May 22, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Anybody has any idea what this "New document" could be? My attorney said he has not received anything yet. Thanks in advance.
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On May 22, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Anybody has any idea what this "New document" could be? My attorney said he has not received anything yet. Thanks in advance.
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funny
08-13 03:46 PM
Folks,
Do you know if USCIS is still waiting for NC to be cleared before approving the 485 application? Are they following the memo ( >180 days doen't matter) or not?
Thanks
Do you know if USCIS is still waiting for NC to be cleared before approving the 485 application? Are they following the memo ( >180 days doen't matter) or not?
Thanks
more...
jonenike3333
05-20 12:22 AM
We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,
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Asfandyar
08-20 07:59 PM
The Respective SKIL Bills are currently infront of the House and Senate Judiciary Comittees. Please contact the members:
House Judiciary Commitee(for SKIL Act [H.R.5744.IH])
http://judiciary.house.gov/CommitteeMembership.aspx
Senate Judiciary Commitee(for SKIL Act [S.2691.IS])
http://judiciary.senate.gov/members.cfm
House Judiciary Commitee(for SKIL Act [H.R.5744.IH])
http://judiciary.house.gov/CommitteeMembership.aspx
Senate Judiciary Commitee(for SKIL Act [S.2691.IS])
http://judiciary.senate.gov/members.cfm
more...
nogc_noproblem
06-27 04:02 PM
Yes, it is frustrating to miss it just by one day, I don't think we can appeal against it, let us wait for the original card to see whether we have any luck. I also filed at NSC.
I got the e-mail that card prodn. is ordered. Not sure if i'll get one year or 2 years EAD renewal now. I filed in Nebraska center. I called USCIS and asked them but they are not sure either.. I hate to miss out of 2 yr EAD just 'cos it got approved today but not Monday. Is there any way to appeal for a 2 yr EAD ????
I got the e-mail that card prodn. is ordered. Not sure if i'll get one year or 2 years EAD renewal now. I filed in Nebraska center. I called USCIS and asked them but they are not sure either.. I hate to miss out of 2 yr EAD just 'cos it got approved today but not Monday. Is there any way to appeal for a 2 yr EAD ????
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sent4dc
08-25 06:07 PM
Hi everyone:
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
more...
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vin13
01-08 12:59 PM
radhay,
My wife had only EAD and no other status and she was able to get the license in PA upto the validity of EAD.
My wife had only EAD and no other status and she was able to get the license in PA upto the validity of EAD.
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anurakt
12-27 09:41 AM
Hi Everyone,
Just wanted to give an update of the tri state meeting on 12/24 happened last sunday. Eight to Nine members attended this meeting and folliwing were the discussions points :
Pappu gave us an update and insight in to IV's working and what is going on. This changed lot of members thinking about IV , i.e. members learnt on how much political capital the core and IV has gained in the past 1 year. How without much money and only with grass root operation we have acheived so much . Also Pappu gave us na update on where is everyhting currently. I cannot give those details for obvuious reasons , but the members present at the meeting know what I am talking about. We further discussed that how important it has become that instead of just concentrating in DC , we need to energize ousrselved in each and every state. This is very important as we have time only till Aug 2007 to acheive whatever we can, after which the presidential campaign would take over everyhting.
Members were informed about on how the contribution has been used currently %ge wise. Also at the meeting it was dicussed that the whole face of the IV looks very Indian ad other ethinic communities who too are retrogressed are not involved. Thus it was urged to those members especially from other ethinic communities to please come forward and get more faces in,this would make IV a complete representation of the current retrogression.
Also in the dicussions we told members that we need to be riding on our own identitiy and should not mix our goals with illegals. Anytime we talk about IV we should maintain phrases like "High Skilled Legal Immigrants" "paying taxes" etc etc. This is very importnant for meet the lawmakers program , as this will create our own identiity and political capital.
Meet the lawmakers is a very important program and members are urged to please participate in numbers as much as possible, there may be a chance that people from a particular state may have to show up in hundreds near some senators office who may be very important for our goals. Please do not ask the names , if interested please join state chapeter meeting and if you don't have one, please start one and ask a core to join you.
The JOB of IV is just not CIR, CIR would be the first win and there are more fights after CIR. IV wants to be the face of any legal immigrant issue resolution in this country and wants to make sure that the political capital and efforts we created doesn't go wasted after retrogression is finished.... We want tobe an organization which can be effective in country and help all those who are or who may be facing similar situation in coming years. The job won't finish with CIR, IV may need to work further on things like USCIS inefficiencies... FBI name check and other issues. To accomplish all this we need to be bigger stronger and grsass root level organization.
I urge members from other state to please keep contributing and attend state chapter meeting.... Friends beleive me when you meet in the chapter meeting , the kind of updates you get is 1000 times more than what you see on the online forum.
I would also request other members who attended this meeting to please write their post meeting views.
Last but not the least , I would like to thank every member who participated to make it a sucesses and other members who could not participate due to personal issues, I am sure they will make it next time (Please get up early:) :) )
Just wanted to give an update of the tri state meeting on 12/24 happened last sunday. Eight to Nine members attended this meeting and folliwing were the discussions points :
Pappu gave us an update and insight in to IV's working and what is going on. This changed lot of members thinking about IV , i.e. members learnt on how much political capital the core and IV has gained in the past 1 year. How without much money and only with grass root operation we have acheived so much . Also Pappu gave us na update on where is everyhting currently. I cannot give those details for obvuious reasons , but the members present at the meeting know what I am talking about. We further discussed that how important it has become that instead of just concentrating in DC , we need to energize ousrselved in each and every state. This is very important as we have time only till Aug 2007 to acheive whatever we can, after which the presidential campaign would take over everyhting.
Members were informed about on how the contribution has been used currently %ge wise. Also at the meeting it was dicussed that the whole face of the IV looks very Indian ad other ethinic communities who too are retrogressed are not involved. Thus it was urged to those members especially from other ethinic communities to please come forward and get more faces in,this would make IV a complete representation of the current retrogression.
Also in the dicussions we told members that we need to be riding on our own identitiy and should not mix our goals with illegals. Anytime we talk about IV we should maintain phrases like "High Skilled Legal Immigrants" "paying taxes" etc etc. This is very importnant for meet the lawmakers program , as this will create our own identiity and political capital.
Meet the lawmakers is a very important program and members are urged to please participate in numbers as much as possible, there may be a chance that people from a particular state may have to show up in hundreds near some senators office who may be very important for our goals. Please do not ask the names , if interested please join state chapeter meeting and if you don't have one, please start one and ask a core to join you.
The JOB of IV is just not CIR, CIR would be the first win and there are more fights after CIR. IV wants to be the face of any legal immigrant issue resolution in this country and wants to make sure that the political capital and efforts we created doesn't go wasted after retrogression is finished.... We want tobe an organization which can be effective in country and help all those who are or who may be facing similar situation in coming years. The job won't finish with CIR, IV may need to work further on things like USCIS inefficiencies... FBI name check and other issues. To accomplish all this we need to be bigger stronger and grsass root level organization.
I urge members from other state to please keep contributing and attend state chapter meeting.... Friends beleive me when you meet in the chapter meeting , the kind of updates you get is 1000 times more than what you see on the online forum.
I would also request other members who attended this meeting to please write their post meeting views.
Last but not the least , I would like to thank every member who participated to make it a sucesses and other members who could not participate due to personal issues, I am sure they will make it next time (Please get up early:) :) )
more...
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cvk90
07-05 11:46 AM
Hello,
I am on L1 B visa here for last 2.5 years working for MNC (Fortune 200). The benefits folks recently contacted me and told me that I was not allowed to participate in US retirement plans (401K) due to L1 visa restrictions, and that they are returning all my previous contributions and earnings back to me as an income. They said that they allowed to participate me for past 2.5 years by mistake.
My question is if this is true ? Are there other folks on L1 who are participating in 401 K plans ? what are my options here ?
PLEASE HELP.
I am on L1 B visa here for last 2.5 years working for MNC (Fortune 200). The benefits folks recently contacted me and told me that I was not allowed to participate in US retirement plans (401K) due to L1 visa restrictions, and that they are returning all my previous contributions and earnings back to me as an income. They said that they allowed to participate me for past 2.5 years by mistake.
My question is if this is true ? Are there other folks on L1 who are participating in 401 K plans ? what are my options here ?
PLEASE HELP.
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hinvin66
08-11 12:08 AM
EB2-I PD: May 30, 2006
The saga goes on...
My original sponsoring desi company did not give me the labor that they filed for me in 2003, so I moved to company "A" after that. Read on...
Second H1B 3-year extension beyond original 6 years !
My PD is May 30. 2006 (beat the Aug 2008 VB by a day!) from company "A", I-140 (EB2-I) approved
Ported to company "B", I-140 (EB2-I) approved (premium - 2007)
Company "B" filed for 1st 3-year H1B extension using AC21 as backup
Filed for I-485: RD=Aug 2; ND=Sep 17
Changed to company "C" 2 months back using AC21 (don't know details of documentation sent - handled by company "C" legal department)
Company "C" filed for 2nd 3-year extension H1B using AC21as backup
FP done in Oct 2007
Used AP for Int'l travel 6 times for business trips.
Soft LUDs in Dec 2007, Feb 2008
Applied for EAD renewal in July 2008
Applied for AP renewal in Aug 2008
Waiting for I-485 approval ... No RFE yet
The saga goes on...
My original sponsoring desi company did not give me the labor that they filed for me in 2003, so I moved to company "A" after that. Read on...
Second H1B 3-year extension beyond original 6 years !
My PD is May 30. 2006 (beat the Aug 2008 VB by a day!) from company "A", I-140 (EB2-I) approved
Ported to company "B", I-140 (EB2-I) approved (premium - 2007)
Company "B" filed for 1st 3-year H1B extension using AC21 as backup
Filed for I-485: RD=Aug 2; ND=Sep 17
Changed to company "C" 2 months back using AC21 (don't know details of documentation sent - handled by company "C" legal department)
Company "C" filed for 2nd 3-year extension H1B using AC21as backup
FP done in Oct 2007
Used AP for Int'l travel 6 times for business trips.
Soft LUDs in Dec 2007, Feb 2008
Applied for EAD renewal in July 2008
Applied for AP renewal in Aug 2008
Waiting for I-485 approval ... No RFE yet
more...
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rockstart
10-07 01:16 PM
You were on dual status till Sep 30th which is AOS & H1B. From Oct 1st your H1B has expired but you are in country on AOS status. You have a valid EAD that will allow you to work. So no worries as far as status issue goes. I know many folks who have willingly let their H1B expire and moved to EAD.
If you need to move back to H1B it is possible your lawyer needs to file a Nunc Pro Tunc H1 application so that it is backdates to Oct 1st.
If you need to move back to H1B it is possible your lawyer needs to file a Nunc Pro Tunc H1 application so that it is backdates to Oct 1st.
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InTheMoment
06-27 01:09 PM
Giddu,
If the premium processing unit sent an e-mail that the petition was approved it does indeed mean it was approved.
Ignore the online status and expect the approval notice in the mail. No need need to panic.
This is from my own experience.
My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
Did anyone else encounter this?
If the premium processing unit sent an e-mail that the petition was approved it does indeed mean it was approved.
Ignore the online status and expect the approval notice in the mail. No need need to panic.
This is from my own experience.
My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
Did anyone else encounter this?
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mundada
02-19 09:31 AM
I am in similar situation as my parents are coming this year.
Couple of years ago there was a "no question asked, including pre existing condition" insurance, though expensive but it covered everything. However, this time when I talked to insurance consultant, it appears few people misused the insurance to the extent that the company went bankrupt. This is what she said: let us say the patient needed bypass surgery. The patient would buy one month insurance and return ticket. This would cost him $2000. Upon arrival in the US, he would complain about chest pain. Then pay $1000 in deductible and get bypass done. The total cost $3000!
However, because of this misuse geniune people do not have this option anymore.
Here is what I am thinking:
1. Buy Atlas America insurance. This covers pre existing condition upto $15,000. This also gives us negotiated rate with hospitals in the US.
2. Addon foreign travel on Mediclaim or other insurance that they currently have in India. Opt for Rs. 7 lakh deductible. This should lower the insurance cost. Also, try to talk to the insurance company and see if it will reduce rate further because its is secondary insurance.
Let me know if you guys see any hole in the logic or you have better alternative. I would rather pay more in insurance and enjoy my parents stay then worry throughout their stay.
Couple of years ago there was a "no question asked, including pre existing condition" insurance, though expensive but it covered everything. However, this time when I talked to insurance consultant, it appears few people misused the insurance to the extent that the company went bankrupt. This is what she said: let us say the patient needed bypass surgery. The patient would buy one month insurance and return ticket. This would cost him $2000. Upon arrival in the US, he would complain about chest pain. Then pay $1000 in deductible and get bypass done. The total cost $3000!
However, because of this misuse geniune people do not have this option anymore.
Here is what I am thinking:
1. Buy Atlas America insurance. This covers pre existing condition upto $15,000. This also gives us negotiated rate with hospitals in the US.
2. Addon foreign travel on Mediclaim or other insurance that they currently have in India. Opt for Rs. 7 lakh deductible. This should lower the insurance cost. Also, try to talk to the insurance company and see if it will reduce rate further because its is secondary insurance.
Let me know if you guys see any hole in the logic or you have better alternative. I would rather pay more in insurance and enjoy my parents stay then worry throughout their stay.
amsgc
01-31 09:47 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?
I am planning on taking an interview date in Delhi. I read that for mumbai, you have to drop your docs 1 week prior to your appointment. Can anyone explain the procedure for Delhi, please?
I am still waiting for it to show the availablity. But I got HDFC receipt from India.
Once date is shown- I will apply for non immigrant visa on the website. Now will they ask me to put my petition info (I-797) at this time? Or I will just fill in DS 156 and DS 157 forms??
Once I fill in the forms (with bar code), I will have to take them along in the interview. Is it true?? Or I will have to drop out my docs. at VFS location even for Delhi consulate????
Please help ppl...this stamping ordeal is taking toll on me now...alas! I was born earlier ;):p
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?
I am planning on taking an interview date in Delhi. I read that for mumbai, you have to drop your docs 1 week prior to your appointment. Can anyone explain the procedure for Delhi, please?
I am still waiting for it to show the availablity. But I got HDFC receipt from India.
Once date is shown- I will apply for non immigrant visa on the website. Now will they ask me to put my petition info (I-797) at this time? Or I will just fill in DS 156 and DS 157 forms??
Once I fill in the forms (with bar code), I will have to take them along in the interview. Is it true?? Or I will have to drop out my docs. at VFS location even for Delhi consulate????
Please help ppl...this stamping ordeal is taking toll on me now...alas! I was born earlier ;):p
armadain
05-10 10:18 PM
I have a i 94 problem.
i got my h1b approval(797).
went to india last december.
in the airline, i returned my old i94 instead of the i94 on the 797 form.
came back to US. the immigration officer didnt issued a new i94. i still have the 797 i 94 with me. not sure if that is the reason he didnt issued me a new i94 cause he saw my 797 i94 with me.
also my passport doesnt have a date of entry stamp on it.( at US)
is this a problem when i go outside US .?
i got my h1b approval(797).
went to india last december.
in the airline, i returned my old i94 instead of the i94 on the 797 form.
came back to US. the immigration officer didnt issued a new i94. i still have the 797 i 94 with me. not sure if that is the reason he didnt issued me a new i94 cause he saw my 797 i94 with me.
also my passport doesnt have a date of entry stamp on it.( at US)
is this a problem when i go outside US .?
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