arnet
09-20 03:49 PM
for link:
create your application and fill DS-156/157 etc and you should see the appt calendar page. on rightside of this page, it usually shows link for emergency appt. but they change the vfs site often. send email to vfs, check contact us page and they will help you out to find this link.
for appt:
you can try checking everyday VFS site, some people cancel their appt before 10 or 15 days and you can get it but for chennai it is little difficult because people book it immediately. try vfs-monitor.com, which alerts through email or sound when your dates are available but i think you need to pay for this.
but there are dates available in delhi/kolkatta and other consulates, you can consider flying a day before and get it done. flight fares from chennai to delhi/mumbai/kolkata are cheaper costs you 5000 rupees per person for roundtrip (which is $100 per person), hotels are cheaper, check makemytrip.com or rediff for flight/hotel fares.
Disclaimer: I'm not an immigration attroney, please check with one for your situation as laws/procedures are changing often.
create your application and fill DS-156/157 etc and you should see the appt calendar page. on rightside of this page, it usually shows link for emergency appt. but they change the vfs site often. send email to vfs, check contact us page and they will help you out to find this link.
for appt:
you can try checking everyday VFS site, some people cancel their appt before 10 or 15 days and you can get it but for chennai it is little difficult because people book it immediately. try vfs-monitor.com, which alerts through email or sound when your dates are available but i think you need to pay for this.
but there are dates available in delhi/kolkatta and other consulates, you can consider flying a day before and get it done. flight fares from chennai to delhi/mumbai/kolkata are cheaper costs you 5000 rupees per person for roundtrip (which is $100 per person), hotels are cheaper, check makemytrip.com or rediff for flight/hotel fares.
Disclaimer: I'm not an immigration attroney, please check with one for your situation as laws/procedures are changing often.
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GCBy3000
07-26 12:18 PM
Only talk and no action. I thought lots of immigrants and IV members are there in TEXAS. Where are those guys?
drsnh123
06-20 07:48 AM
thanks for the reply guys. if some more people can give their opinions , that will be gr8
I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
thanks for your opinions
Reply With Quote
I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
thanks for your opinions
Reply With Quote
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jatinr
09-27 06:50 AM
Did some one call USCIS to get receipt numbers? Any pointers to calling USCIS...what do i give as reference numbers?
Thanks.
FP and 485 will have same receipt number
Thanks.
FP and 485 will have same receipt number
more...
VSS2007
05-28 06:48 AM
Hi
Hi Can anyone tell me if we can mail mine and my spouses EAD and AP applications all in one package?
Thanks,
Yes, you can mail them in one package. But make sure Individual applications are clipped seperately with all supporting docs, photos and cheques and also have a cover letter for each application mentioning I-485 receipt number A# etc
Thanks
Hi Can anyone tell me if we can mail mine and my spouses EAD and AP applications all in one package?
Thanks,
Yes, you can mail them in one package. But make sure Individual applications are clipped seperately with all supporting docs, photos and cheques and also have a cover letter for each application mentioning I-485 receipt number A# etc
Thanks
morchu
05-04 04:25 PM
akelkar,
Your highlighted sentence is again for "grant the extension".
We are talking about "invalidation" of a granted extension.
Those are two different things.
And NO. the memo doesnt talk about that.
There is no specific law or interpretation available till today for "invalidation of an already granted extention" based on approved I140, even if the I140 itself gets revoked in future.
Hi Guys
Please read before giving your opinions: as per memo not my words:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.
See links below for more data
http://ac21portability.com/modules/wflinks/
Your highlighted sentence is again for "grant the extension".
We are talking about "invalidation" of a granted extension.
Those are two different things.
And NO. the memo doesnt talk about that.
There is no specific law or interpretation available till today for "invalidation of an already granted extention" based on approved I140, even if the I140 itself gets revoked in future.
Hi Guys
Please read before giving your opinions: as per memo not my words:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.
See links below for more data
http://ac21portability.com/modules/wflinks/
more...
bombay
02-05 08:10 PM
I came across comments that H1 to EAD is one way. So its better to be in H1 rather than being in EAD. The expenses may not be great even you have to shell out some dollars. If you wish to change jobs and get around 30% increase use EAD.
I attended an interview that i have EAD then when it came to negotiations on salary i accepted the little lower offer and asked them to do H1B transfer. It works....
I attended an interview that i have EAD then when it came to negotiations on salary i accepted the little lower offer and asked them to do H1B transfer. It works....
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meridiani.planum
03-12 06:38 PM
Would anyone know if there is a third valid case for H1 extension i.e.
LC approved, I140 pending (just a month) but LC is less than 365 days old?
My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?
From what I know your options are:
- recpature time outside
- spend some time outside right now
- change status to H4, then back to H1 when LC is old enough
if you have filed your 485 you can even jump to EAD, then file the H1 extension when eligible. You would need to leave the US and re-enter to activate that H1 (because using EAD would have put you into this AOS-Pending status)
LC approved, I140 pending (just a month) but LC is less than 365 days old?
My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?
From what I know your options are:
- recpature time outside
- spend some time outside right now
- change status to H4, then back to H1 when LC is old enough
if you have filed your 485 you can even jump to EAD, then file the H1 extension when eligible. You would need to leave the US and re-enter to activate that H1 (because using EAD would have put you into this AOS-Pending status)
more...
beibei2929
05-15 01:20 PM
Hi, Guys:
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
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raysaikat
08-15 11:20 AM
I am not sure I understand. My wife resides in Mumbai. She had her h1 stamped there some time back around 5 years. That h1 she used and is gone now. Now she applied for h1 in fresh qupta since she was out of us for more than one year. Right now so where should we go for stamping. Shes in us with me on h4. Can we go to canada?
Yes, you can go to canada for visa stamping. Note however that the canadian US consulate might require "security clearance" and then your wife will be stuck in canada, typically for months. Although chances are slim, such events do happen, and therefore it is advisable to go to the home country (non-home country consulates issue 221(g) more frequently) or at least to a place where your wife can afford to stay for months.
Yes, you can go to canada for visa stamping. Note however that the canadian US consulate might require "security clearance" and then your wife will be stuck in canada, typically for months. Although chances are slim, such events do happen, and therefore it is advisable to go to the home country (non-home country consulates issue 221(g) more frequently) or at least to a place where your wife can afford to stay for months.
more...
philler
11-01 06:45 AM
Without trying to sound too harsh, I think my dog could knock up something more worth going freelance about. :D
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catchagarwal
05-04 03:13 PM
I was working on a company A(on H1B visa) and left 7 month back. While working on Company A, I was in a project in Company C through another Company B. I actually joined company B to avoid this chain. Company A released me after agreeing for his cut for 4 month, and then $2 per hour until the project ends. This was agreed by an e-mail between me and Company A. I stopped paying the company after 4 month of his cut.
Now the company A has sent me a mail that they want a confirmation mail from Company B that my project ended. If no confirmation email, then they will send me a legal notice.
Not sure what the employment laws are. Could you please advice?
Now the company A has sent me a mail that they want a confirmation mail from Company B that my project ended. If no confirmation email, then they will send me a legal notice.
Not sure what the employment laws are. Could you please advice?
more...
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shreekhand
07-25 05:23 PM
He is not supposed to give you the entire document. Please read the instructions carefully printed on the upper portion !!
Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
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sc3
10-22 10:22 PM
If she has filed 485 as a dependent then she is a dependent though out the process. Once you are in trouble and 485 gets declined - hers also invalid. Both will be illegal!!!
Not really. Spouse's 485 needs to be independently denied before the spouse gets into trouble. However, if the spouse is on EAD, then they get out of status immediately upon the denial of their application. Also, illegality of primary depends on whether H1/L1 status is maintained.
(Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).
Not really. Spouse's 485 needs to be independently denied before the spouse gets into trouble. However, if the spouse is on EAD, then they get out of status immediately upon the denial of their application. Also, illegality of primary depends on whether H1/L1 status is maintained.
(Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).
more...
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sbdol
07-19 01:32 AM
Nope. My lawyer did a mistake to correct himself he applied though dates were not current.
What do you think now? any suggestion.
I would think that you did not file at all.
If the PD was not current at the time of the first submission they should not even cash the check with the fee.
What do you think now? any suggestion.
I would think that you did not file at all.
If the PD was not current at the time of the first submission they should not even cash the check with the fee.
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raysaikat
08-15 11:20 AM
I am not sure I understand. My wife resides in Mumbai. She had her h1 stamped there some time back around 5 years. That h1 she used and is gone now. Now she applied for h1 in fresh qupta since she was out of us for more than one year. Right now so where should we go for stamping. Shes in us with me on h4. Can we go to canada?
Yes, you can go to canada for visa stamping. Note however that the canadian US consulate might require "security clearance" and then your wife will be stuck in canada, typically for months. Although chances are slim, such events do happen, and therefore it is advisable to go to the home country (non-home country consulates issue 221(g) more frequently) or at least to a place where your wife can afford to stay for months.
Yes, you can go to canada for visa stamping. Note however that the canadian US consulate might require "security clearance" and then your wife will be stuck in canada, typically for months. Although chances are slim, such events do happen, and therefore it is advisable to go to the home country (non-home country consulates issue 221(g) more frequently) or at least to a place where your wife can afford to stay for months.
more...
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Dhundhun
10-19 09:27 PM
#1. When AP is applied, you need to mention duration. I doubt any one mentions duration as six months or one year. Usually people mention time is weeks or a month.
#2. When AP is applied, you need to mention reason. No primary I1485 applicant says to be "When I'll be out of job".
Whenever IOs feels that there is no voilation of duration/reason and intent of AP being used for emergency (family) and business purpose, they don't harass.
Refer to http://www.uscis.gov/files/form/I-131instr.pdf, page 3. Even if AP is applied for "Employment Based AOS Pending", clearly it mentions that "You may apply if you have an adjustment-of-status application pending and you seek to travel abroad for emergent personal or bona fide business reasons".
So USCIS has clearly mandated the use of AOS pending AP, it simple. We interpret as per out convenience and IOs interpret as per guidelines they have.
We can always say going to home country in case of loss of job to cut down expenses is an "emergent personal reason". How many IOs agree with that? But we have examples of dependants going for studies for several months and still return on AP was not an issue.
#2. When AP is applied, you need to mention reason. No primary I1485 applicant says to be "When I'll be out of job".
Whenever IOs feels that there is no voilation of duration/reason and intent of AP being used for emergency (family) and business purpose, they don't harass.
Refer to http://www.uscis.gov/files/form/I-131instr.pdf, page 3. Even if AP is applied for "Employment Based AOS Pending", clearly it mentions that "You may apply if you have an adjustment-of-status application pending and you seek to travel abroad for emergent personal or bona fide business reasons".
So USCIS has clearly mandated the use of AOS pending AP, it simple. We interpret as per out convenience and IOs interpret as per guidelines they have.
We can always say going to home country in case of loss of job to cut down expenses is an "emergent personal reason". How many IOs agree with that? But we have examples of dependants going for studies for several months and still return on AP was not an issue.
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baburob2
06-04 02:18 PM
There will be no issue in entering US as you got the visa stamp till Dec 1st 2007.
Visa stamp is just to allow a person to enter US. They don't care whether it is with current employer or old employer. They just need valid visa stamp and latest I-797 approval notice of same classification. I.e. if you have H1B visa stamp and you need to have only H1B approval notice. You cannot have B1 visa stamp and use H1B approval notice.
There will be no issue. As a precaution, carry all original old approval notices also.
They will give I-94 with the end date there on latest approval. Thats for sure. But just check what date he/she is putting on I-94.
Good luck.
hi, based on my wife's experience(for H4 based on my H1B) they didn't give the I-94 valid till the full 3 years. They rather gave only for 2 years. Hence saying so.
Visa stamp is just to allow a person to enter US. They don't care whether it is with current employer or old employer. They just need valid visa stamp and latest I-797 approval notice of same classification. I.e. if you have H1B visa stamp and you need to have only H1B approval notice. You cannot have B1 visa stamp and use H1B approval notice.
There will be no issue. As a precaution, carry all original old approval notices also.
They will give I-94 with the end date there on latest approval. Thats for sure. But just check what date he/she is putting on I-94.
Good luck.
hi, based on my wife's experience(for H4 based on my H1B) they didn't give the I-94 valid till the full 3 years. They rather gave only for 2 years. Hence saying so.
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nogc_noproblem
07-19 03:53 AM
Wow, the best reply I ever got on this subject. Thanks a lot.
Hope this helps :)
Hope this helps :)
bbenhill
10-07 09:32 PM
Hi, thank u all for the reply .. I will go ahead and go for my vac ..
i guess I am worrying too much ... :-)
i guess I am worrying too much ... :-)
potrero
04-30 08:31 PM
I am not sure if this question being answered in this forum.
Need experties if any one have this situation.
Employer: X (Old Employer)
Labor - EB2
PD - Sept , 2006
I-140 Approved
Employer : Y (Current)
Labor : EB3
PD : May 9 2003I
1-140 Approved
I-485 : Pending
Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
Q : How is the apeal done considering I-485 is already filled.
My Attorney says better to file fresh EB2 with current company.
Please reply with your experties or if being deal with this one.
-Thanks
Potrero
Need experties if any one have this situation.
Employer: X (Old Employer)
Labor - EB2
PD - Sept , 2006
I-140 Approved
Employer : Y (Current)
Labor : EB3
PD : May 9 2003I
1-140 Approved
I-485 : Pending
Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
Q : How is the apeal done considering I-485 is already filled.
My Attorney says better to file fresh EB2 with current company.
Please reply with your experties or if being deal with this one.
-Thanks
Potrero
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