desi3933
03-02 10:37 AM
Thanks SL & Lost in GC process,
Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year
One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's
Thanks
Senthil
If you have approved I-140 and your PD is not current, your employer can seek 3 year extension for H-1B under section 104(c) of AC21. In this case, the H-1B petition must request three years, and also include a LCA covering such period of extension sought.
____________________
Not a legal advice
US citizen of Indian origin
Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year
One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's
Thanks
Senthil
If you have approved I-140 and your PD is not current, your employer can seek 3 year extension for H-1B under section 104(c) of AC21. In this case, the H-1B petition must request three years, and also include a LCA covering such period of extension sought.
____________________
Not a legal advice
US citizen of Indian origin
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andymajumder
04-13 05:44 PM
We should definitely support this bill. It will help reduce the EB backlog for us considerably. There are two provisions in this bill which if passed would help reduce the backlog a lot.
a) Exempt spouses and minor children of the principal applicant from employment-based immigrant visa quotas. At least half the backlog is due to dependents of the applicant using GC visas and this should reduce the backlog considerably.
b)� Exempt STEM advanced degree graduates who have 3 years of U.S. work experience as a non-immigrant from the numerical limit on employment-based immigrant visas, in addition to those who are deemed to have extraordinary ability, are outstanding professors and researchers, and whose presence is determined to be in the national interest of the United States. Another 20% of the applicants specially with indian passports would fit this category and hence thought would reduce the backlog significantly as well.
c) The most important thing about this Bill is that it offers some relief entirely for the skilled employees without associating them with the fate of illegals. There is very little controversial elements in this Bill. Remember the main bone of contention between Democrats & Republicans in CIR is about the fate of illegal immigrants and how tough an approach they should have on them. This might easily scuttle CIR this year and we might have to wait till 2009 before anything else comes up again. There is not much that the parties disagree on with regards to Hightech skilled workers and a bill such as this which offers interim relief has much better chance of being passed. Agreed some groups such as IEEE-US might oppose it (specially the provisions related H1B increase) but even IEEE-US does support sorting out the EB GC issues and backlogs and might support those provisions on this Bill.
In conclusion IV should definitely support this Bill.
S.1092
Title: A bill to temporarily increase the number of visas which may be issued to certain highly skilled workers.
$20 per month.
EB2 - PD Jan 05
a) Exempt spouses and minor children of the principal applicant from employment-based immigrant visa quotas. At least half the backlog is due to dependents of the applicant using GC visas and this should reduce the backlog considerably.
b)� Exempt STEM advanced degree graduates who have 3 years of U.S. work experience as a non-immigrant from the numerical limit on employment-based immigrant visas, in addition to those who are deemed to have extraordinary ability, are outstanding professors and researchers, and whose presence is determined to be in the national interest of the United States. Another 20% of the applicants specially with indian passports would fit this category and hence thought would reduce the backlog significantly as well.
c) The most important thing about this Bill is that it offers some relief entirely for the skilled employees without associating them with the fate of illegals. There is very little controversial elements in this Bill. Remember the main bone of contention between Democrats & Republicans in CIR is about the fate of illegal immigrants and how tough an approach they should have on them. This might easily scuttle CIR this year and we might have to wait till 2009 before anything else comes up again. There is not much that the parties disagree on with regards to Hightech skilled workers and a bill such as this which offers interim relief has much better chance of being passed. Agreed some groups such as IEEE-US might oppose it (specially the provisions related H1B increase) but even IEEE-US does support sorting out the EB GC issues and backlogs and might support those provisions on this Bill.
In conclusion IV should definitely support this Bill.
S.1092
Title: A bill to temporarily increase the number of visas which may be issued to certain highly skilled workers.
$20 per month.
EB2 - PD Jan 05
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letstalklc
03-11 10:43 AM
I have no issues with SBI, transferred last month.....always the best for me in terms of every thing......
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DSLStart
03-11 11:50 AM
I have no issues with SBI, transferred last month.....always the best for me in terms of every thing......
tyr logging into your account and see if you get that message now.
tyr logging into your account and see if you get that message now.
more...
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cagedcactus
07-27 11:08 AM
Can some one please confirm. I hope I am not confusing everyone here. I am filing my I 140 now, I want to be sure that this is safe.....
thanks for the kind replies...
thanks for the kind replies...
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EB-VoiceImmigration
09-18 11:56 AM
@Pinky001:
To the best of my knowledge, here are the answers to your Q's
1) No (because you are applying for different class)
2) H1 and H4 are not in same class.
Why I said H1 and H4 is not in same class is, when you choose "Purpose of Travel" as "working in USA" then they are showing multiple choices for "Select Visa class". where it lists H1 , H2, h3 etc.. separately. When H1 and H2/ H3 are not in same class then how H4 will be of same class as H1.
Also refer the link below. where it listed H1 and H4 separately in Visa class table.
Non-Immigrant Visas - Visa Classes (http://madrid.usembassy.gov/cons/nonimmigvisaclasses.html)
To the best of my knowledge, here are the answers to your Q's
1) No (because you are applying for different class)
2) H1 and H4 are not in same class.
Why I said H1 and H4 is not in same class is, when you choose "Purpose of Travel" as "working in USA" then they are showing multiple choices for "Select Visa class". where it lists H1 , H2, h3 etc.. separately. When H1 and H2/ H3 are not in same class then how H4 will be of same class as H1.
Also refer the link below. where it listed H1 and H4 separately in Visa class table.
Non-Immigrant Visas - Visa Classes (http://madrid.usembassy.gov/cons/nonimmigvisaclasses.html)
more...
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UKannan
01-18 03:50 PM
Chances for an audit are 95%:(
How u know that the chances are 95%? Why can't it be 5%? :D
How u know that the chances are 95%? Why can't it be 5%? :D
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eb_retrogession
03-23 01:01 PM
Guys,
Can we contact Center for Community Change for our cause ?
I watched their Excecutive Director Deepak Bhargava on CPSAN yesterday on
a program of Immigrant Rights.
http://www.communitychange.org/
Sent out a note to Deepak. Will keep the thread posted with any updates....thanks
Can we contact Center for Community Change for our cause ?
I watched their Excecutive Director Deepak Bhargava on CPSAN yesterday on
a program of Immigrant Rights.
http://www.communitychange.org/
Sent out a note to Deepak. Will keep the thread posted with any updates....thanks
more...
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needhelp!
10-23 09:23 AM
bump
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lostinbeta
09-06 10:28 PM
Eh, I actually have to say I liked it better the last time.
more...
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immigrationSantosh
02-07 03:29 PM
Could you please advise how do I get the lawyer for this ? Do you know any in specific?
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redcard
11-07 12:27 PM
Hi,
My parents got 10 year multiple entry US visa 2 years back. My brother who was residing here had sent the required documents and applied the visitor visa. My parents had visited me then for 3 months. Now I am planning to get my parents to US. But my brother no longer lives in USA. Is my parent�s visitor visa still valid since my brother is not residing here or should I re apply for my parents visitors visa. Any help or suggestions are appreciated. Thanks in advance.
Yes,, its valid for ten years..irrespective of the fact that your brother is in US or Not...
My parents got 10 year multiple entry US visa 2 years back. My brother who was residing here had sent the required documents and applied the visitor visa. My parents had visited me then for 3 months. Now I am planning to get my parents to US. But my brother no longer lives in USA. Is my parent�s visitor visa still valid since my brother is not residing here or should I re apply for my parents visitors visa. Any help or suggestions are appreciated. Thanks in advance.
Yes,, its valid for ten years..irrespective of the fact that your brother is in US or Not...
more...
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TexDBoy
09-10 11:44 AM
If you sure that they might lay you off, then better to transfer H1B right now ... You can decide to join that different company later.
It is much easier to transfer H1B based on pending I-140. It becomes difficult to transfer once the employer revokes the I-140.
The best scenario is to ask to your employer not to revoke I-140 and hope that you do not get any RFEs.
I also heard that your H1B validity is valid until the time they gave you (although recent AC21 doc says a bit different) and you can do transfers and apply for new PERM during that period. Since you have sufficient time to apply for Labor ... I guess should be fine ...
It is much easier to transfer H1B based on pending I-140. It becomes difficult to transfer once the employer revokes the I-140.
The best scenario is to ask to your employer not to revoke I-140 and hope that you do not get any RFEs.
I also heard that your H1B validity is valid until the time they gave you (although recent AC21 doc says a bit different) and you can do transfers and apply for new PERM during that period. Since you have sufficient time to apply for Labor ... I guess should be fine ...
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maddipati1
04-23 04:23 PM
i was in the same situation. entered US with H1 visa. passport expiry in few months, so got I-94 for few months. got the new passport. drove to San Ysidro, crossed border and came back immediately. got the new I-94.
i have EAD/AP and lawyer suggested that i don't really need to get new I-94. but, since i have been using only H1 and not used EAD/AP so far, wanted to have a clean record.
parked behind jack in the box($5), walked outside on the bridge (no elevators) with 8 years worth of my immi dox, every doc i have so far. after exiting the bridge on Mexico side, took the other bridge towards left side to cross the road. after getting off this bridge u will see traffic going in to US. walked parallel to that towards US on footpath. found the lines of people going in and joined them.
only hiccup was, while coming back, just joined the lines going in, but didn't go to CBP office, where they issue the new I-94.
so, had to go back and go to the CBP office. The board outside CBP office reads 'PERMITS' in English and Spanish. Went in (hardly any line to wait) and got the new I-94. the officer at my window has no clue about what to do, literally nothing, may be under training. the officer sitting next to him, knows exactly what to do. so he helped issuing new I-94 and stamping on the new passport. then paid $6 at the cashier window across the hall. then joined the lines back.
the IO was very friendly and was reading out loud abt my company name, visa status etc, while i was explaining why i am there. then the usual baggage security check and back. if its not for the hiccup, it would only take an hour total.
.
i have EAD/AP and lawyer suggested that i don't really need to get new I-94. but, since i have been using only H1 and not used EAD/AP so far, wanted to have a clean record.
parked behind jack in the box($5), walked outside on the bridge (no elevators) with 8 years worth of my immi dox, every doc i have so far. after exiting the bridge on Mexico side, took the other bridge towards left side to cross the road. after getting off this bridge u will see traffic going in to US. walked parallel to that towards US on footpath. found the lines of people going in and joined them.
only hiccup was, while coming back, just joined the lines going in, but didn't go to CBP office, where they issue the new I-94.
so, had to go back and go to the CBP office. The board outside CBP office reads 'PERMITS' in English and Spanish. Went in (hardly any line to wait) and got the new I-94. the officer at my window has no clue about what to do, literally nothing, may be under training. the officer sitting next to him, knows exactly what to do. so he helped issuing new I-94 and stamping on the new passport. then paid $6 at the cashier window across the hall. then joined the lines back.
the IO was very friendly and was reading out loud abt my company name, visa status etc, while i was explaining why i am there. then the usual baggage security check and back. if its not for the hiccup, it would only take an hour total.
.
more...
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gc_on_demand
08-03 10:46 AM
See my new Signature..
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sk.aggarwal
03-19 03:28 PM
Thank you for your quick response Attorney Ruben.
Is there a way to avoid this step or get PWD from some other source?
Is there a way to avoid this step or get PWD from some other source?
more...
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ImmiLosers
09-30 03:41 PM
If your last FP was more than 15 months ago, then write to local congressman, that usually works.
Congressman for FP, you may want to contact USCIS first. They may not expedite your I-485 but they are good in sending these things...
Congressman for FP, you may want to contact USCIS first. They may not expedite your I-485 but they are good in sending these things...
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needhelp!
09-22 01:50 PM
I'd like to think it was our media campaign letters that did it :)
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-inline_21edi.ART.State.Edition1.427fa5a.html
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-inline_21edi.ART.State.Edition1.427fa5a.html
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gk_2000
01-04 11:36 PM
Well you do have to give them some credit for restoring the balance with UK... Maybe this will be good time to bring up social security savings
On another matter -- birthright citizenship.. there could be a window of opportunity to include provision against country limits, as both use country of birth as the criteria.
On another matter -- birthright citizenship.. there could be a window of opportunity to include provision against country limits, as both use country of birth as the criteria.
x1050us
06-25 09:46 PM
If I 539 was filed with I 129 they mostly get approved togther .DId you apply ext in PP ? If I 539 was not filed ,just bump your H1 to PP and get an appointment in home country for the spouse to get the Visa at the consulate. Just plan every thing will go smooth
Yes, I believe they were filed together - I saw a note in their web site. But why would they file 539 ? she is out of country already. Isn't I539 to extend stay only if u are already in the country ? And yes i already got an appointment in chennai. But the twist is, HR says they "informed" the attorneys to do PP. It is already 11 days and no receipt #. HR is tight lipped as to whether attorneys did infact file PP. If they did not, am i screwed ? Dont you need a receipt# atleast to bump up to PP?
Yes, I believe they were filed together - I saw a note in their web site. But why would they file 539 ? she is out of country already. Isn't I539 to extend stay only if u are already in the country ? And yes i already got an appointment in chennai. But the twist is, HR says they "informed" the attorneys to do PP. It is already 11 days and no receipt #. HR is tight lipped as to whether attorneys did infact file PP. If they did not, am i screwed ? Dont you need a receipt# atleast to bump up to PP?
drirshad
07-01 06:20 PM
For all the nights of no sleep and days of uncertainty. Ready to go to the end of the tunnel this time .....
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