rahul2699
05-16 07:59 AM
Current Status: H1 (visa stamp expires Sept 2011)
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
If you travel while an application to extend/transfer is in progress, the application is considered abandoned which in many instances results getting approval with out an I-94 at the bottom.
As far as i know, a pending application can not be used to reenter. You must have valid visa stamp in your PP for reentry unless a visa waiver or AP can be used. You can enter with Comp A's visa stamp and approved transfer copy from Company B as long as the visa is not expired.
Please check with an experienced immigration lawyer before travelling.
* i am not a legal expert.
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
If you travel while an application to extend/transfer is in progress, the application is considered abandoned which in many instances results getting approval with out an I-94 at the bottom.
As far as i know, a pending application can not be used to reenter. You must have valid visa stamp in your PP for reentry unless a visa waiver or AP can be used. You can enter with Comp A's visa stamp and approved transfer copy from Company B as long as the visa is not expired.
Please check with an experienced immigration lawyer before travelling.
* i am not a legal expert.
desi3933
05-21 06:50 AM
I understand two I-140s, one existing (EB-3) and second new I-140 (EB2), but you have also mentioned more. Why need more than two, in what circumstances?
Example -
PD Jan 2002 EB-3 I-140 (Job Title: Senior Programmer)
Filed new I-140 on March 2004 for EB-2 I-140 (Job Title: Project Manager) and claimed earlier PD of Jan 2002
Filed new I-140 on Feb 2009 for EB-1 I-140 (Job Title: Director Software Division) and claimed earlier PD of Jan 2002
Beneficiary can claim PD of Jan 2002 with his EB-1 I-140.
Please note that I-140s can belong to any employer, but they all must belong to same beneficiary.
_________________________
Not a legal advice.
US citizen of Indian origin
.
Example -
PD Jan 2002 EB-3 I-140 (Job Title: Senior Programmer)
Filed new I-140 on March 2004 for EB-2 I-140 (Job Title: Project Manager) and claimed earlier PD of Jan 2002
Filed new I-140 on Feb 2009 for EB-1 I-140 (Job Title: Director Software Division) and claimed earlier PD of Jan 2002
Beneficiary can claim PD of Jan 2002 with his EB-1 I-140.
Please note that I-140s can belong to any employer, but they all must belong to same beneficiary.
_________________________
Not a legal advice.
US citizen of Indian origin
.
Hassan11
03-26 11:34 AM
Thanks Kingkon. I heard the appeal takes no more than a year. but DOL in Atlanta keeps telling my HR manager that they are backlogged. I am not sure what to do.
I had my EB2 LC rejected and the reason that DOL gave was they were not able to contact the employer and/or employer did not respond to their correspondence. Lawyer gave me two option to refile (I will lose PD) or appeal. This was in 2005 when PERM had just started and the lawyers said they did not know how long the appeal process takes in PERM since it was new system. To cut the story short I received the approved LC within 45days of appeal, but my case was a simple one I think. Your case it a bit different but in no case an appeal should take 1.5 years at least in PERM.
I had my EB2 LC rejected and the reason that DOL gave was they were not able to contact the employer and/or employer did not respond to their correspondence. Lawyer gave me two option to refile (I will lose PD) or appeal. This was in 2005 when PERM had just started and the lawyers said they did not know how long the appeal process takes in PERM since it was new system. To cut the story short I received the approved LC within 45days of appeal, but my case was a simple one I think. Your case it a bit different but in no case an appeal should take 1.5 years at least in PERM.
chanduv23
09-15 10:12 PM
the ones I meet in DC. The ones I currently have, who did not make it to DC in spite of being aware about it, will no longer have me as a friend.
SAME HERE - THOSE WHO HAVE STOPPED CALLING ME BECAUSE THEY ARE AFRAID I WILL ASK THEM TO THE RALLY WILL NEVER BE MY FRIENDS ANYMORE.
SAME HERE - THOSE WHO HAVE STOPPED CALLING ME BECAUSE THEY ARE AFRAID I WILL ASK THEM TO THE RALLY WILL NEVER BE MY FRIENDS ANYMORE.
more...
sash
06-20 04:05 PM
What is the ETA to get the receipt if you file in July 2007?
immigrant2007
07-19 09:05 PM
It doesn't matter if the I-140 was revoked by the prev employer, still the PD is yours to keep provided that I-140 was approved. One should also be cautious about the revocation, if the approved I-140 was revoked by USCIS itself as a fraudulent filing then no benefits from that I-140! Otherwise you are good.
The new company's offer is like any other job for you, if you qualify for the job and the company likes you and your skills they are going to offer the market salary and the position can even be a manager, then you might qualify for EB1!
Hi Rajenk
thanks for the information
The new company's offer is like any other job for you, if you qualify for the job and the company likes you and your skills they are going to offer the market salary and the position can even be a manager, then you might qualify for EB1!
Hi Rajenk
thanks for the information
more...
raysaikat
05-24 04:01 PM
Hi,
My H1 B is expiring on 30 Sep 2010. I have not started my green card process. Is it too late to start now?
You can start your green card any time. The initial part is your employer's responsibility. So you have nothing to lose.
Can I get extension based on number of days I have been out of country in last 6 years.? (119 days)
Yes.
If I include that is it still late to start and not worth my time and money? What are my options? If I leave the country and come back after 1 year, I will be counted for the H1 B quota?
You will be subject to quota again, but your H1-B clock will be reset (i.e., you will again get 6 more years).
I have MS in CSE from univsersity in USA. My husband applied for GC and I have dependent EAD till Oct 2010 but then he moved out of USA last year and got H4 to come visit. Is that application still valid for me to be able to get EAD extension?
If the primary's GC application is active, then the dependent's EAD is still valid.
Can he still come back on H1 B or EAD? Any help/advice on my situation will be very helpful.
Thanks!
If your husband gets his own H1-B, then he can still come back on H1-B. As long as the GC application is active (no decision made, not withdrawn, etc.), then you can still be on EAD while the primary is on H1-B.
My H1 B is expiring on 30 Sep 2010. I have not started my green card process. Is it too late to start now?
You can start your green card any time. The initial part is your employer's responsibility. So you have nothing to lose.
Can I get extension based on number of days I have been out of country in last 6 years.? (119 days)
Yes.
If I include that is it still late to start and not worth my time and money? What are my options? If I leave the country and come back after 1 year, I will be counted for the H1 B quota?
You will be subject to quota again, but your H1-B clock will be reset (i.e., you will again get 6 more years).
I have MS in CSE from univsersity in USA. My husband applied for GC and I have dependent EAD till Oct 2010 but then he moved out of USA last year and got H4 to come visit. Is that application still valid for me to be able to get EAD extension?
If the primary's GC application is active, then the dependent's EAD is still valid.
Can he still come back on H1 B or EAD? Any help/advice on my situation will be very helpful.
Thanks!
If your husband gets his own H1-B, then he can still come back on H1-B. As long as the GC application is active (no decision made, not withdrawn, etc.), then you can still be on EAD while the primary is on H1-B.
GCwaitforever
04-11 03:13 PM
Edit your profile. Then info appears in the tracker automatically.
more...
chanduv23
12-24 09:13 AM
Congratulations to IV and its great leaders.
Congratulations to all the members for holding this fortress.
Congratulations to all the selfless volunteers who have dedicated time, skill, effort and money on IV.
We must also congratulate Anti immgrants, Dormant members, Freeloaders, people with no faith in hard/good work because you help in making the organization stronger day by day.
Congratulations to all the members for holding this fortress.
Congratulations to all the selfless volunteers who have dedicated time, skill, effort and money on IV.
We must also congratulate Anti immgrants, Dormant members, Freeloaders, people with no faith in hard/good work because you help in making the organization stronger day by day.
chanduv23
09-14 02:12 PM
Nothing will happen to you
Just follow your heart
Will se you in DC
Just follow your heart
Will se you in DC
more...
hydboy77
06-22 07:19 PM
good one. Here is the schedule for USCIS
2009 Pre-Adjudicate 485
2010 Pre-Pre-Adjudicate Pre-Adjudicated 485
2011 Pre-Pre-Pre-Adjudicate Pre-Pre-Adjudicated 485
2012 Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Adjudicated 485
2013 Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Adjudicated 485
2014 Pre-Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Pre-Adjudicated 485
and what is Pre-Pre-Pre-Pre-Pre-Pre-Adjudication? that would be knock the living daylights out of the EB2\Eb3 India\China applicants with Employment verification letter, same semilar job restrictions etc. If a few people some how survive the Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudication USCIS will issue an RFE on how you survived so many RFE's.
Hope some aide of a congressman or senator or somebody working in USCIS reads this and realizes how inhumanely we are being treated. The above is no joke, all of us on EAD are going to be Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudicated out of USA with RFE's and denials.
I was thinking on how USCIS may be working.. heres my thought.
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
2009 Pre-Adjudicate 485
2010 Pre-Pre-Adjudicate Pre-Adjudicated 485
2011 Pre-Pre-Pre-Adjudicate Pre-Pre-Adjudicated 485
2012 Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Adjudicated 485
2013 Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Adjudicated 485
2014 Pre-Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Pre-Adjudicated 485
and what is Pre-Pre-Pre-Pre-Pre-Pre-Adjudication? that would be knock the living daylights out of the EB2\Eb3 India\China applicants with Employment verification letter, same semilar job restrictions etc. If a few people some how survive the Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudication USCIS will issue an RFE on how you survived so many RFE's.
Hope some aide of a congressman or senator or somebody working in USCIS reads this and realizes how inhumanely we are being treated. The above is no joke, all of us on EAD are going to be Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudicated out of USA with RFE's and denials.
I was thinking on how USCIS may be working.. heres my thought.
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
greyhair
09-08 12:54 PM
Ban in private company out sourcing also is very much necessary for USA. These so called multinational companies are minting money and this is not benefitting any one except the higher executives and board of directors of those companies. and of course Politricians.
PS:- If I am in India I will never say that OS is necessary, India should grow on its own pace with her talent and brains. India should have their own economy and techonology and not OS money going around.
Great OH, baan Private OS also.
India is growing of its own, using the talent and brains partially to fulfill orders outsourced from across the world. What is wrong with that? Its a fair business practice. Back in 1980s and early 90s no one in rich countries were oppose to the idea of open business between all the countries. Back then everybody in rich countries thought that since they already have well placed institutions and larger companies, they will buy out all the local companies in smaller poor countries, creating more employment for people in rich countries. No one in the rich countries was oppose to the idea of open economies back then. Guess what. We have come a full circle now. Just because it is hurting a few million people in rich countries, all of a sudden OUTSOURCING is a curse word. Get over it people, cry as you may but outsourcing aren't stopping. Ohio is playing the election gimmicks. OH government is not outsourcing any work anyways. To the contrary, if OH was outsourcing, the State government would be more productive and without deficit.
One more thing. Outsourcing is the not reason why Indian economy is doing better than others. Because some work is outsourced to India does not simply mean outsourcing is the reason for better economy. This is a simple explanation but the wrong explanation. Indian economy is doing better because during a course of many decades, people and government have spent less than what they make/produce and more importantly, instead of throwing money on the wrong wars, they spent money on the right things. Is that so difficult to understand that we must credit outsourcing for the state of Indian economy.
PS:- If I am in India I will never say that OS is necessary, India should grow on its own pace with her talent and brains. India should have their own economy and techonology and not OS money going around.
Great OH, baan Private OS also.
India is growing of its own, using the talent and brains partially to fulfill orders outsourced from across the world. What is wrong with that? Its a fair business practice. Back in 1980s and early 90s no one in rich countries were oppose to the idea of open business between all the countries. Back then everybody in rich countries thought that since they already have well placed institutions and larger companies, they will buy out all the local companies in smaller poor countries, creating more employment for people in rich countries. No one in the rich countries was oppose to the idea of open economies back then. Guess what. We have come a full circle now. Just because it is hurting a few million people in rich countries, all of a sudden OUTSOURCING is a curse word. Get over it people, cry as you may but outsourcing aren't stopping. Ohio is playing the election gimmicks. OH government is not outsourcing any work anyways. To the contrary, if OH was outsourcing, the State government would be more productive and without deficit.
One more thing. Outsourcing is the not reason why Indian economy is doing better than others. Because some work is outsourced to India does not simply mean outsourcing is the reason for better economy. This is a simple explanation but the wrong explanation. Indian economy is doing better because during a course of many decades, people and government have spent less than what they make/produce and more importantly, instead of throwing money on the wrong wars, they spent money on the right things. Is that so difficult to understand that we must credit outsourcing for the state of Indian economy.
more...
StuckInTheMuck
05-03 08:17 AM
Updating profile should fill up your information in the tracker.
Will make a not of it.
Thanks a lot.
GO IV GO
Recently I had some trouble updating my profile. The "Additional Information" section has a series of RFE-related (on I-485, I-140, EAD and AP) boxes, where one must enter a valid date in the specified format. Because I did not receive any RFE yet, I tried to get past this page by entering 00/00/0000 ("N/A" did not work), which did not work either, and finally I settled with my PD on all these RFE boxes (which is, of course, incorrect). So, maybe the powers-that-be can fix the problem, and, also remove these wrong entries from my profile?
Thanks.
Will make a not of it.
Thanks a lot.
GO IV GO
Recently I had some trouble updating my profile. The "Additional Information" section has a series of RFE-related (on I-485, I-140, EAD and AP) boxes, where one must enter a valid date in the specified format. Because I did not receive any RFE yet, I tried to get past this page by entering 00/00/0000 ("N/A" did not work), which did not work either, and finally I settled with my PD on all these RFE boxes (which is, of course, incorrect). So, maybe the powers-that-be can fix the problem, and, also remove these wrong entries from my profile?
Thanks.
tomytoota786
04-05 07:34 AM
You should apply neither Fiance visa (K1) or Tourist visa (B2) I guess that is the best and fastest way as far as I know.
more...
ags123
07-26 06:23 PM
Per Lawyers response both AOS and CP are possible. When I mentioned 180 days the lawyer mentioned it is 2 yrs not 180 days for follow to join.
As long as marriage is before 485 it can be applied.
My question is where to file and I am going to go with Nebraska for now as I cant conclusively get any official source which says chicago lock box.
A
As long as marriage is before 485 it can be applied.
My question is where to file and I am going to go with Nebraska for now as I cant conclusively get any official source which says chicago lock box.
A
webm
03-17 11:49 AM
ALl I-485, repeat ALL do not have PD date on it. Only the I-140 approval notices have a date filled in.
Very true
Very true
more...
gxtrader
08-17 02:27 PM
HOW your answer relates to my question?
Think, deside and do and don't think again! But Review it.
..Maybe he thought he heard you say..
"Don't think, decide and do and don't think again! And don't review it. :)
Don't worry too much..worst case is to re-file ead & ap w/ newer fees.
He'll eventually get GC & will be driving a Lexas in Dallus, Texus ;).
Think, deside and do and don't think again! But Review it.
..Maybe he thought he heard you say..
"Don't think, decide and do and don't think again! And don't review it. :)
Don't worry too much..worst case is to re-file ead & ap w/ newer fees.
He'll eventually get GC & will be driving a Lexas in Dallus, Texus ;).
wc_user
12-24 10:07 PM
Thanks
All said and done, isn't it safer to just get your H1-B stamped and come back using H1-B visa. This way, there is no doubt. I have an AP, but I am planning to get my H1-B visa stamped when I go to India in January.
All said and done, isn't it safer to just get your H1-B stamped and come back using H1-B visa. This way, there is no doubt. I have an AP, but I am planning to get my H1-B visa stamped when I go to India in January.
telekinesis
10-20 10:40 PM
Oh shut up, you have a *beep* load of posts. :crazy:
cagedcactus
05-02 03:39 PM
Well, good lawyer or bad lawyer, everyone here knows, that they never reveal the true story of what and where the company messed up.
I want to just find out that, if I transfer to a new company with 14 months left on that 6 year limit, do I have enough time to transfer H1, file brand new Perm, file a brand new I 140 , get approved, and get three year extention instead of on year? a small window for timing here. Should I stick with the same company?
Any input is appreciated.
thanks.....
I want to just find out that, if I transfer to a new company with 14 months left on that 6 year limit, do I have enough time to transfer H1, file brand new Perm, file a brand new I 140 , get approved, and get three year extention instead of on year? a small window for timing here. Should I stick with the same company?
Any input is appreciated.
thanks.....
i99
09-26 01:09 PM
Almost all threads I see indicate that NSC is behind far more than others.
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