gcisadawg
04-12 12:14 AM
There is bigger problem than H1 approval i.e. overstaying. If overstay more then six months you will barred for 3 years. So go out as soon as possible and come back with another H1
Since his denial was on March 31st, would the overstay clock starts from March 31st or from original I-94 expiry date? My understanding was that one can work legally using H1B receipt notice. Hence, OP was legal atleast till March 31st, 2009, correct?
-GCisaDawg
Since his denial was on March 31st, would the overstay clock starts from March 31st or from original I-94 expiry date? My understanding was that one can work legally using H1B receipt notice. Hence, OP was legal atleast till March 31st, 2009, correct?
-GCisaDawg
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logiclife
06-22 12:52 PM
"According to Miller, only about 30 percent of applicants are running into such difficulties."
ONLY??!! Since when did 1/3 of something become "only"?
Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?
ONLY??!! Since when did 1/3 of something become "only"?
Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?
Rae
07-21 12:54 PM
If you look at those two forms, one 325A has a space for "Date and Place of Termination of Marriage". Form 325 does not have a space for that. They apparently want that information so you should update your filing with the proper form.
Rae
Rae
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Scythe
11-25 07:08 PM
All the buttons should be put into one jpeg, so we can see them all side by side. 2 rows with 5 buttons each.
more...
keerthi
04-04 03:10 PM
Thanks for that reply. The company's business line is very niche and it started developing a technology for that niche market in India some 5 years back. I have been involved in the design and implementation of that technology right from its inception. In fact I am one of the core persons who designed and implemented the solution.
Our customer base is increasing in the US. This is one of the reasons why I need to be transferred to the US. Several of our customers are coming up with unique requirements and it requires me to analyze them before providing them a solution. Also, some features of the technology are governed by a large set of exacting standards put forth by a consortium in the US. I am one of the members of that consortium and my presence cum contribution for my company in this regard is very much required.
I possess extensive knowledge of my company's specific technology and software skills which are very rare (we do low level software development - not the ones that large software companies do). Also, there are only a handful of companies who deal with this market. I believe this should ideally classify me as a person having "specialized knowledge".
Am I right?
Our customer base is increasing in the US. This is one of the reasons why I need to be transferred to the US. Several of our customers are coming up with unique requirements and it requires me to analyze them before providing them a solution. Also, some features of the technology are governed by a large set of exacting standards put forth by a consortium in the US. I am one of the members of that consortium and my presence cum contribution for my company in this regard is very much required.
I possess extensive knowledge of my company's specific technology and software skills which are very rare (we do low level software development - not the ones that large software companies do). Also, there are only a handful of companies who deal with this market. I believe this should ideally classify me as a person having "specialized knowledge".
Am I right?
eastindia
09-23 10:58 AM
It’s not India or China who asked for globalization. It was America who wants to sell their products throughout the world.
No matter how many bills these Senators may make they are not going to stop outsourcing.
America didn’t develop because of protectionist policies, it grow because it was a free market.
In today's world it is simply not possible to stop outsourcing. It is also not possible to stop all illegal immigration or send all legal/illegal immigrats out. Anti-immigrants are very few in number and they try to project as if the entire America wants what they want. They will still go and buy a Toyota and buy stuff Made in China from the store :) Ask them if they want double for their grocery every week if we deport all undocumented and their answer will definitely be a NO.
No matter how many bills these Senators may make they are not going to stop outsourcing.
America didn’t develop because of protectionist policies, it grow because it was a free market.
In today's world it is simply not possible to stop outsourcing. It is also not possible to stop all illegal immigration or send all legal/illegal immigrats out. Anti-immigrants are very few in number and they try to project as if the entire America wants what they want. They will still go and buy a Toyota and buy stuff Made in China from the store :) Ask them if they want double for their grocery every week if we deport all undocumented and their answer will definitely be a NO.
more...
makemygc
06-14 10:52 AM
Guys,
Don't create new thred for every single question you have.. You can find right thred and put it there..
Yes you can file for 485 even though your H1B extension is pending.
Lets use this thread for I485 and H1 Ext queries. Anil can you change the title to look like this "All I485 and H1 Ext Issues related postings here".
I also have a similar question. I've to file for 3 yr H1 ext on basis of approved I-140. Immigration-law.com says that there could be an issue with that:-
*************************************************
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease.
***************************************
Can someone has done this earlier and can put their experience in. Please.
Don't create new thred for every single question you have.. You can find right thred and put it there..
Yes you can file for 485 even though your H1B extension is pending.
Lets use this thread for I485 and H1 Ext queries. Anil can you change the title to look like this "All I485 and H1 Ext Issues related postings here".
I also have a similar question. I've to file for 3 yr H1 ext on basis of approved I-140. Immigration-law.com says that there could be an issue with that:-
*************************************************
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease.
***************************************
Can someone has done this earlier and can put their experience in. Please.
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malibuguy007
09-16 12:58 PM
I agree - the focus should be ONLY CALLS today.
Is it possible to add a poll to the thread to see how many people called just today?
Is it possible to add a poll to the thread to see how many people called just today?
more...
ss1026
08-06 08:58 AM
According to USCIS Ombudsman 1/3rd of cases are pending more than 1 year due to namecheck. Also there are many cases stuck for more than 3 years. E
I think that 1/3 of PENDING cases have been stuck for more than one year, not 1/3 of all cases. Trust me if 1/3 of all cases were stuck for more than one year, there would be a huge outcry
I think that 1/3 of PENDING cases have been stuck for more than one year, not 1/3 of all cases. Trust me if 1/3 of all cases were stuck for more than one year, there would be a huge outcry
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gsc999
09-07 12:54 PM
I noticed that California has around 20 names. I know that around 35 to 40 ppl are flying from CA. I think that is would be a similar case with other states.
Guys, this is required info. that will allow us to schedule an appointment with lawmakers. We have to provide this info. to them to receive meeting confirmation.
Please add your information asap, this is urgent and important
Guys, this is required info. that will allow us to schedule an appointment with lawmakers. We have to provide this info. to them to receive meeting confirmation.
Please add your information asap, this is urgent and important
more...
onemorecame
06-25 02:51 PM
send new again. anyways first one is going to come back.
Why he sent before date?
Guru's Is it right that after filling 485, USCIS will process application according to PD(2003,2004,2005 like that) ?
or USCIS will process application with the date 485 application received?
or i am missing something over here.
Thanks
Why he sent before date?
Guru's Is it right that after filling 485, USCIS will process application according to PD(2003,2004,2005 like that) ?
or USCIS will process application with the date 485 application received?
or i am missing something over here.
Thanks
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mbartosik
11-09 05:27 PM
http://news.google.com/news?hl=en&ned=us&q=bapio&btnG=Search+News
http://timesofindia.indiatimes.com/Indian_docs_win_legal_battle_in_UK/articleshow/2530784.cms
Good for them!
http://timesofindia.indiatimes.com/Indian_docs_win_legal_battle_in_UK/articleshow/2530784.cms
Good for them!
more...
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st4rguitar
04-14 08:38 PM
My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(
No matter what, your employer must maintain the salary that was given to the government when your H-1 was filed. You can't go below that salary. With regards to the LC salary, the company is only required to meet that salary after your I-485 has been approved; so if you aren't meeting the LC salary now, that's fine. Make sure that your salary on your H-1 is still met, though.
No matter what, your employer must maintain the salary that was given to the government when your H-1 was filed. You can't go below that salary. With regards to the LC salary, the company is only required to meet that salary after your I-485 has been approved; so if you aren't meeting the LC salary now, that's fine. Make sure that your salary on your H-1 is still met, though.
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jonty_11
06-18 01:22 PM
you are lucky if u get one....!!! Dont have ur cake and eat it too!!!
Justkidding!
Justkidding!
more...
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rockstart
01-08 09:35 PM
Thank you so much guys for the info
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msp1976
02-09 01:06 PM
I would not say that suing USCIS is of no use...It does have its own uses....
Most of the 'American people' donot think beyond their own thing...Some donot have intellectual capacity...Some lack the curiocity..Some are stuck in mortage..marriage..lovelife...divorse...They donot have time to look at our plight or our lawsuit...
For all 'lawsuit oriented' people ...This is some educational material...
Some people already sued the USCIS and their attempt failed...
Still USCIS was forced to make certain statements in a federal court and certain processing became fast because of that...
If you want to try suing please read all this.....
http://www.immigration.com/litigation/I-485_litigation.html
Most of the 'American people' donot think beyond their own thing...Some donot have intellectual capacity...Some lack the curiocity..Some are stuck in mortage..marriage..lovelife...divorse...They donot have time to look at our plight or our lawsuit...
For all 'lawsuit oriented' people ...This is some educational material...
Some people already sued the USCIS and their attempt failed...
Still USCIS was forced to make certain statements in a federal court and certain processing became fast because of that...
If you want to try suing please read all this.....
http://www.immigration.com/litigation/I-485_litigation.html
more...
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glamzon
08-21 11:13 AM
Congrats
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knowDOL
05-19 02:18 PM
I have not heard of anyone filing I485 without notifying the sponsoring employer and if it is feasible to do like that. however, there is nothing wrong in finding the I485 form in uscis.gov website and read through the info. May be you will get some idea on what you want to get it done is something possible or not. good luck. Think coolly. have some coffee or mint.
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Dalai Lama
02-23 02:07 PM
What kind of RFE? what they can ask.
krishnam70
11-20 03:48 PM
Hi all,
Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.
My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.
Are you using EAD to work or still using H1? If you are using H1 and it is valid the IO at POE will admit you in the non-immigrant status not as a Parolee. This is based on experience and a question I asked the IO when I tried to enter the US using AP even though I had valid H1 stamp in my passport and a valid 797. He mentioned that as a rule they will admit the candidate in non-immigrant status if the candidate is actually working on a non-immigrant visa. If you were are using your EAD and show documentation then they will admit you using AP.
-good luck
kris
Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.
My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.
Are you using EAD to work or still using H1? If you are using H1 and it is valid the IO at POE will admit you in the non-immigrant status not as a Parolee. This is based on experience and a question I asked the IO when I tried to enter the US using AP even though I had valid H1 stamp in my passport and a valid 797. He mentioned that as a rule they will admit the candidate in non-immigrant status if the candidate is actually working on a non-immigrant visa. If you were are using your EAD and show documentation then they will admit you using AP.
-good luck
kris
boldm28
06-17 08:27 AM
Years and years of waiting? no kidding. Look at my priority date. And there are people waiting before me. You used a pre-approved labor and have been waiting in the GC queue from what 2006? Dude, in today's world, a reasonable wait for eb3-is anywhere between 10-15 years and eb2 is atleast 5-6 years. I am not mad that you used a pre-approved labor, though in my personal opinion, its a taboo. I am just saying you are lucky enough that you may get your green card much quickly than people like us who have been waiting atleast 8-10 years and trust me, people like your case, usually should be happy.
you got that rite buddy
you got that rite buddy
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