dealsnet
07-27 02:03 PM
Since you are in tight spot, you need to consult good and experienced lawyers.
Do not go to an ordinary lawyer for this.
Consult good lawyers such as SHUSTERMAN Immigration Attorneys, Consultation with an Immigration Lawyer, IMMIGRATION TO THE UNITED STATES: THE ESSENTIAL GUIDE, U.S. Immigration. Written by a Former INS Trial Attorney (1976-82) with Over 30 Years of Immigration Law Experience. Law Offices of (http://shusterman.com), Murthy, Khanna, Ron Gotcher Welcome to the Immigration Information (ImmInfo) main page. (http://imminfo.com/)
You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.
Do not go to an ordinary lawyer for this.
Consult good lawyers such as SHUSTERMAN Immigration Attorneys, Consultation with an Immigration Lawyer, IMMIGRATION TO THE UNITED STATES: THE ESSENTIAL GUIDE, U.S. Immigration. Written by a Former INS Trial Attorney (1976-82) with Over 30 Years of Immigration Law Experience. Law Offices of (http://shusterman.com), Murthy, Khanna, Ron Gotcher Welcome to the Immigration Information (ImmInfo) main page. (http://imminfo.com/)
You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.
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sukhmeet
05-14 08:37 PM
Thanks Ruben and others,
Yes the salary requirement is ok since i have greater than 60k anyway, what are other requirements as in our company 50% people are on h1b. Is having 50% as h1b with less than 20 employees is a problem now a days from extension point of view.
Thanks again for your reply.
Yes the salary requirement is ok since i have greater than 60k anyway, what are other requirements as in our company 50% people are on h1b. Is having 50% as h1b with less than 20 employees is a problem now a days from extension point of view.
Thanks again for your reply.
corleone
11-14 11:59 AM
same here
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ajkastar
07-27 01:35 PM
Receipt date was Aug 2004, RFE - required both parents names in birth certificate or affidavit will do, employer information was missing.
more...
desi3933
07-05 03:32 PM
Please note that I joined the H1 employer and later got an H1 transfer approved also.
Thanks.
I am little confused now. Did you get another H1/H1 transfer recently.
Please provide me exact dates of approval for all transfers L1/H1 and your dates of employment.
It appears that you may be out of status for some time, but fortunately did not accumulate any illegal presence time.
___________________
Not a legal advice.
Thanks.
I am little confused now. Did you get another H1/H1 transfer recently.
Please provide me exact dates of approval for all transfers L1/H1 and your dates of employment.
It appears that you may be out of status for some time, but fortunately did not accumulate any illegal presence time.
___________________
Not a legal advice.
gc_chahiye
11-29 03:33 PM
My attorney received a letter saying "Intent to Deny" reason being not having Mats in graduation.
But the fact is I have Maths and I did 4 Math courses in graduation and provisional clearly shows maths1, Maths2, maths3, maths4.
Letter says Vallabhu has done Courses in Sanskrit,English, Physics and Geology but nothing in Maths.
and This how each year of transcripts look like
Physics1
Maths1
Geology1
Physics2
Maths2
Geology2
Physics3
Maths3
Maths4
Geology3
I don't know how can he miss Maths from this.
Does any one else heard/faced a similar issue in the past.
What does your attorney say? Respond asap with copies of your transcripts highlighting the maths related courses...
But the fact is I have Maths and I did 4 Math courses in graduation and provisional clearly shows maths1, Maths2, maths3, maths4.
Letter says Vallabhu has done Courses in Sanskrit,English, Physics and Geology but nothing in Maths.
and This how each year of transcripts look like
Physics1
Maths1
Geology1
Physics2
Maths2
Geology2
Physics3
Maths3
Maths4
Geology3
I don't know how can he miss Maths from this.
Does any one else heard/faced a similar issue in the past.
What does your attorney say? Respond asap with copies of your transcripts highlighting the maths related courses...
more...
vjkypally
01-24 12:30 PM
I just checked with my Lawyer. I am a July 2 receipt guy and my 180 days got over. Currently my wife moved from her H1B(not stamped yet, she moved from H4 to H1) to EAD and I am still on H1B.
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
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vbkris77
07-20 01:12 PM
Take a screenshot and attach it quickly..
This needs to be checked... It is illegal. They have crossed the line very clearly..
Look at this Job posting in the craigslist.
No Indian: Automation and Manual QA Test Engineer / Analyst Needed (http://orangecounty.craigslist.org/sof/1820098499.html)
Is it legal to discriminate against certain group like the job poster did in his post.
I am also quoting the text inline, just in case the posting expires:
"No Indian: Automation and Manual QA Test Engineer / Analyst Needed (Irvine)
--------------------------------------------------------------------------------
Date: 2010-06-30, 7:45PM PDT
Reply to: job-zvxts-1820098499@craigslist.org [Errors when replying to ads?]
--------------------------------------------------------------------------------
Yeh right pIease do not respod if you an Indian no disrespect but we have had bad experience with Indian decent people due to fake resumes and no experties.
I am currently looking for very strong QA Automation expert (Mercury QTP / Quality Center). Also I am looking for manual / automation tester as well. It's a long term contract please respond if you meet the following criteria. If you are not an expert in QTP for the second position but have the right attitude to learn, we are interested in hearing from you as well. As I mentioned it's a long term contract and the rate for both positions are open and also based on your experience. you must be able to come for in person interview with very short notice and please do not apply if you are out of state or out of OC, LA or SD area.
QTP Expert:
Must have hands on experience in creating automated test scripts
Must know how to create scripts without record / play back
Must know how to create automation frameworks and what are the different types
Must have experience with QTP and Quality Center
Must be able to work with complex design
Experience with large scale application frame work
Must have QA manual testing experience and be able to identfy what should be automated
Must be able to work under tight deadlines
Must be able to work with minimum supervision
Must be able to start right away
Manual / Automation QA Engineer
You must be able to work as manual and automation fashion
Must have experience with Mercury Quality Center and QTP
Experience working in large scale applications
Good analytical skills
Don't forget personality and attitude is the key
"
This needs to be checked... It is illegal. They have crossed the line very clearly..
Look at this Job posting in the craigslist.
No Indian: Automation and Manual QA Test Engineer / Analyst Needed (http://orangecounty.craigslist.org/sof/1820098499.html)
Is it legal to discriminate against certain group like the job poster did in his post.
I am also quoting the text inline, just in case the posting expires:
"No Indian: Automation and Manual QA Test Engineer / Analyst Needed (Irvine)
--------------------------------------------------------------------------------
Date: 2010-06-30, 7:45PM PDT
Reply to: job-zvxts-1820098499@craigslist.org [Errors when replying to ads?]
--------------------------------------------------------------------------------
Yeh right pIease do not respod if you an Indian no disrespect but we have had bad experience with Indian decent people due to fake resumes and no experties.
I am currently looking for very strong QA Automation expert (Mercury QTP / Quality Center). Also I am looking for manual / automation tester as well. It's a long term contract please respond if you meet the following criteria. If you are not an expert in QTP for the second position but have the right attitude to learn, we are interested in hearing from you as well. As I mentioned it's a long term contract and the rate for both positions are open and also based on your experience. you must be able to come for in person interview with very short notice and please do not apply if you are out of state or out of OC, LA or SD area.
QTP Expert:
Must have hands on experience in creating automated test scripts
Must know how to create scripts without record / play back
Must know how to create automation frameworks and what are the different types
Must have experience with QTP and Quality Center
Must be able to work with complex design
Experience with large scale application frame work
Must have QA manual testing experience and be able to identfy what should be automated
Must be able to work under tight deadlines
Must be able to work with minimum supervision
Must be able to start right away
Manual / Automation QA Engineer
You must be able to work as manual and automation fashion
Must have experience with Mercury Quality Center and QTP
Experience working in large scale applications
Good analytical skills
Don't forget personality and attitude is the key
"
more...
nviren
03-07 07:42 PM
Pl. find here some more stuff about DOL/BEC and PERM.
http://www.whitehouse.gov/omb/expectmore/detail.10002380.2005.html
Looks like BEC is on the radar of govt, but not on the priority.
Note the last line on the page. It says last updated in Jan 2006.
Funny that the DOL gets 42% marks for Program Results/Accountability and 100% marks on program management and 80% on Program Purpose & Design.
Find here some funding figures as well.
http://www.whitehouse.gov/omb/expectmore/detail.10002380.2005.html
Looks like BEC is on the radar of govt, but not on the priority.
Note the last line on the page. It says last updated in Jan 2006.
Funny that the DOL gets 42% marks for Program Results/Accountability and 100% marks on program management and 80% on Program Purpose & Design.
Find here some funding figures as well.
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logiclife
04-08 12:15 PM
I am not an expert in law but we cannot "Force" the deparment of state to release numbers. However some numbers are already available for 2005 in usage stats.
If they waste numbers in 2006, then they may be recaptured and used in 2007 - ONLY IF - the comprehensive bill or the PACE act passes as both have recapture provision.
Doesnt the ombudsman report show all numbers even today? I thought they did.
If they waste numbers in 2006, then they may be recaptured and used in 2007 - ONLY IF - the comprehensive bill or the PACE act passes as both have recapture provision.
Doesnt the ombudsman report show all numbers even today? I thought they did.
more...
iheartindia79
10-27 01:03 PM
Hi !
I recently got my EAD. ..but I have not yet got a job..... when should I apply for SSN ? :confused:
Thank you in advance....
Vinki.
You can apply for EAD now. You dont need a job to get SSN because you have EAD.
I recently got my EAD. ..but I have not yet got a job..... when should I apply for SSN ? :confused:
Thank you in advance....
Vinki.
You can apply for EAD now. You dont need a job to get SSN because you have EAD.
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kaybeedee
11-05 12:06 PM
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
more...
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simple1
06-05 08:09 PM
Looks like everything in GM is on sale.
http://www.bloomberg.com/apps/news?pid=20601103&sid=ae2V3Y.7j85k&refer=news
Saturn is sold for $100 to $200 mn.
Who knows GM may sell the retired brands for 1 or 2 mn.
http://en.wikipedia.org/wiki/Pontiac#End_of_the_Pontiac_brand
Now the important question.
Did tatas overpay for jaguar and landrover ? Looks like they did.
http://www.bloomberg.com/apps/news?pid=20601103&sid=ae2V3Y.7j85k&refer=news
Saturn is sold for $100 to $200 mn.
Who knows GM may sell the retired brands for 1 or 2 mn.
http://en.wikipedia.org/wiki/Pontiac#End_of_the_Pontiac_brand
Now the important question.
Did tatas overpay for jaguar and landrover ? Looks like they did.
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gc_chahiye
07-13 01:12 AM
I want to select more than one option :)
in hindsight, should have added that, and also a none-of-the-above. But hey its late and I am sleepy :)
in hindsight, should have added that, and also a none-of-the-above. But hey its late and I am sleepy :)
more...
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vxg
08-15 01:24 PM
I would say it is still a good sign as it tells that someone is at least looking at your case instead of your case being in a basement in a box.
I had this discussion with my lawyer. This lawywer has been touch with USCIS very closely and understand the process and how the system works (to the best possible for an outsider) and here is what has to say about LUD.
************************
Most I-485 will be adjudicated without any LUD at all. This is an because even today it is the physical file that is being delivered to an IO. IO will not touch the system if there had been no issue or no infomation to update.
If one is getting LUDs on any application, it most likely implies that some information is being updated. LUD most likely are for some reasons.
The process of adjudicating a 485 is multi step with many department involved. When the file reaches an IO for the decision , it is expected to be complete in every respect. If IO has any follow up question or any comments, she would then enter in the system that we se as LUD.
Thus, LUD in most cases ( and not all), if at all, is a potential indication of further delay..
I am not aware of any concrete reason for LUD on an approved I-140. My discussion with USCIS indicate that it may be due to updating of company specific information and not necessary related to individual case. Internally the the system recognize each company by a specific number.
Regarding your question LUD on AP, it should be unrelated to 485 as it is handled by a different department and lower level officials.
***********************************
I had this discussion with my lawyer. This lawywer has been touch with USCIS very closely and understand the process and how the system works (to the best possible for an outsider) and here is what has to say about LUD.
************************
Most I-485 will be adjudicated without any LUD at all. This is an because even today it is the physical file that is being delivered to an IO. IO will not touch the system if there had been no issue or no infomation to update.
If one is getting LUDs on any application, it most likely implies that some information is being updated. LUD most likely are for some reasons.
The process of adjudicating a 485 is multi step with many department involved. When the file reaches an IO for the decision , it is expected to be complete in every respect. If IO has any follow up question or any comments, she would then enter in the system that we se as LUD.
Thus, LUD in most cases ( and not all), if at all, is a potential indication of further delay..
I am not aware of any concrete reason for LUD on an approved I-140. My discussion with USCIS indicate that it may be due to updating of company specific information and not necessary related to individual case. Internally the the system recognize each company by a specific number.
Regarding your question LUD on AP, it should be unrelated to 485 as it is handled by a different department and lower level officials.
***********************************
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kumar1
03-04 04:23 PM
Bidi, I guess.
By the way, what do you smoke?
By the way, what do you smoke?
more...
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ivgclive
05-10 11:50 AM
I just applied for my little one yesterday.
fingers crossed!
Can't believe getting usa passport for my little one required two page application and just the birthcert, But for PIO they need everything in the world!
PIO is GREEN CARD for India.
How many papers you have sent for your PERM & I-140 so far?
You need to hire a truck to send your I-485 papers in next stage.
fingers crossed!
Can't believe getting usa passport for my little one required two page application and just the birthcert, But for PIO they need everything in the world!
PIO is GREEN CARD for India.
How many papers you have sent for your PERM & I-140 so far?
You need to hire a truck to send your I-485 papers in next stage.
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kshitijnt
12-02 06:29 PM
When your H1B application is pending, you have additional 240 days after your H1B is expired (if you filed extension).
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
ps : if this helps u, give me green ... :D
Thx
The H1 and H4 extensions can be filed at the same time.
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
ps : if this helps u, give me green ... :D
Thx
The H1 and H4 extensions can be filed at the same time.
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guchi472000
03-24 10:07 AM
Thanks much for your help. I daily pray that we all get green card and live happyly during this hard economy times.
mihird
10-16 01:52 PM
EB5 investor Visa is already in place.
The numbers are a little different ($500,000 to $1M) but you can buy yourself a GC pretty quickly.
If I am not wrong.....I had checked on the EB5 retrogression some time back..
The numbers are a little different ($500,000 to $1M) but you can buy yourself a GC pretty quickly.
If I am not wrong.....I had checked on the EB5 retrogression some time back..
stucklabor
03-11 11:01 AM
Akela,
I am not sure if line 14 of the ETA carries much significance. You can always submit your qualifications during I140.
Can you get a copy of ETA 750 Form A? That will tell you if the job requirements were filed under EB2 or Eb3.
Guys,
Please answer me the following question?
I have a masters from US and over 2 years of exp when I joined my company. They filed for my LC. There is nothing in form 750 B ETA that says if I am EB-2 or EB-3. In fact the line line 14 is blank which says list documents that support education, training, experience..etc. to be submitted during I-140. I suspect though on ETA 750 form A they made the advertisement as if I am eb-2. So the question is I do not see anything on line 14 of ETA form B. Is that a big blunder.
Did my lawyer blunder or I am ok?
My labor is not cleared yet. So no way to check I-140.
I know few things
ETA 750 FORM A probably filed as EB-2 (I have to believe my lawyer, they say I have been filed as EB-2 on repeated request).
ETA 750 form B of which I have a copy of (it was the one that I had to fill), line 14 says Item 14. Documentation. List any documents submitted with this form as evidence of the alien's qualifications. These may include statements from past employers, diplomas, and educational or training certificates. now this column is blank. Is that a problem? Did my lawyer made a big unrectified mistake.
Thanks,
akela
Thanks in advance,
Akela
Did my lawyer blunder or I am ok?
Thanks in advance,
Akela
I am not sure if line 14 of the ETA carries much significance. You can always submit your qualifications during I140.
Can you get a copy of ETA 750 Form A? That will tell you if the job requirements were filed under EB2 or Eb3.
Guys,
Please answer me the following question?
I have a masters from US and over 2 years of exp when I joined my company. They filed for my LC. There is nothing in form 750 B ETA that says if I am EB-2 or EB-3. In fact the line line 14 is blank which says list documents that support education, training, experience..etc. to be submitted during I-140. I suspect though on ETA 750 form A they made the advertisement as if I am eb-2. So the question is I do not see anything on line 14 of ETA form B. Is that a big blunder.
Did my lawyer blunder or I am ok?
My labor is not cleared yet. So no way to check I-140.
I know few things
ETA 750 FORM A probably filed as EB-2 (I have to believe my lawyer, they say I have been filed as EB-2 on repeated request).
ETA 750 form B of which I have a copy of (it was the one that I had to fill), line 14 says Item 14. Documentation. List any documents submitted with this form as evidence of the alien's qualifications. These may include statements from past employers, diplomas, and educational or training certificates. now this column is blank. Is that a problem? Did my lawyer made a big unrectified mistake.
Thanks,
akela
Thanks in advance,
Akela
Did my lawyer blunder or I am ok?
Thanks in advance,
Akela