Soltan
11-16 05:08 PM
Oh wow, I have a similar situation like yours. Who is your employer, send me a pm. I am in the process of converting it to Premium.
I have talked to an immigration attorney and confirmed that it surely can be converted to PP. Good luck to you. If you go to other forums, I have seen a similar discussion, check it out there as well.
I have talked to an immigration attorney and confirmed that it surely can be converted to PP. Good luck to you. If you go to other forums, I have seen a similar discussion, check it out there as well.
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greenerpastures
07-20 03:09 PM
I have a few questions and much thanks for those who answer.
1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
I heard that people who have held H1-B's in the past do not come under the cap. Is this true?
2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?
Thanks,
Much worried.
MScapbust,
You are exempt from the H1B cap if you have/had H1B visa in 2002 for some time and have been staying in US legally till now. If you have been out of US for more than a year, then you are counted against the H1B cap. But, I assume you were on F1 during the past few years and never stayed out of US for more than a year. So, you should be eligible for 6 years H1B minus the time you were on H1 during 2002 (even though adv degree cap gets filled). I would suggest you to talk to an immigration attorney or the attorneys/HR of the company that you might be joining in August.
Good luck
1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
I heard that people who have held H1-B's in the past do not come under the cap. Is this true?
2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?
Thanks,
Much worried.
MScapbust,
You are exempt from the H1B cap if you have/had H1B visa in 2002 for some time and have been staying in US legally till now. If you have been out of US for more than a year, then you are counted against the H1B cap. But, I assume you were on F1 during the past few years and never stayed out of US for more than a year. So, you should be eligible for 6 years H1B minus the time you were on H1 during 2002 (even though adv degree cap gets filled). I would suggest you to talk to an immigration attorney or the attorneys/HR of the company that you might be joining in August.
Good luck
saimrathi
08-22 02:53 PM
Any ideas about this query?
Thanks for the reply gc_chahiye.
If i upgrade my H1 to premium, would they upgrade and process my wife's H4 in premium. I know that there is no premium for H4. If i would have opted for PP at the time of submission, both the apps would have been processed in premium, but now since we have separate receipt numbers for H1 and H4, would they be processed at the same time. Any past experiences?????
Thanks for the reply gc_chahiye.
If i upgrade my H1 to premium, would they upgrade and process my wife's H4 in premium. I know that there is no premium for H4. If i would have opted for PP at the time of submission, both the apps would have been processed in premium, but now since we have separate receipt numbers for H1 and H4, would they be processed at the same time. Any past experiences?????
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prioritydate
08-14 12:57 PM
I support the theory part of your concept, but I dont think USCIS has the capability to implement it. I would rather say that , The earlier stages Labor and 140 might be more appropriate to apply your theory, wherein direct employees with bigger organizations will have faster approvals, which indirectly would makes their adjustment of status faster.
Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.
Ok. I added another clause. I-140, name check etc are approved.
Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.
Ok. I added another clause. I-140, name check etc are approved.
more...
mjdup
12-15 10:48 AM
Don't point to websites, its just too much reading and the HR might get the illusion that the process involves too much work whereas its not that bad..
I was in similar situation five years ago, all I did was during my final interview with HR I requested them and was able to refer an attorney. The attorney did a good job of preparing the documents and providing rosy sticky tags for HR's signature. That made HR's and manager's life so easy. In return, I'm the medium between my attorney and HR. So, you will have to sell it to HR and engg. manager that "its no big deal"....
good luck,
I was in similar situation five years ago, all I did was during my final interview with HR I requested them and was able to refer an attorney. The attorney did a good job of preparing the documents and providing rosy sticky tags for HR's signature. That made HR's and manager's life so easy. In return, I'm the medium between my attorney and HR. So, you will have to sell it to HR and engg. manager that "its no big deal"....
good luck,
dixie
09-18 01:32 PM
No, we are not against the concept of H1-B visas as such .. just that we want it to be conditional on reforming the broken EB system; we believe that is in the interest of all future H1-Bs. In any case, the point of excluding H1-B and FB is not so much that we are against it as to focus our objectives clearly and cut down on opposition - as nycgal pointed out, lot more ordinary americans are concerned about H1-Bs than granting GCs to those already here.
I never knew IV was against H1Bs. Is IV only for people that have filed a petition for GC? Why is it then that one of our publicity drive is to recruit students still in school on F1?? Aren't they going to get an H1B before even filing for a GC?? Am I missing something??
....better still:
Immigration Voice
A Voice for High Skilled Legal Immigrants
I never knew IV was against H1Bs. Is IV only for people that have filed a petition for GC? Why is it then that one of our publicity drive is to recruit students still in school on F1?? Aren't they going to get an H1B before even filing for a GC?? Am I missing something??
....better still:
Immigration Voice
A Voice for High Skilled Legal Immigrants
more...
nlssubbu
12-06 12:05 PM
My wife got all the AP paperback after her return from India. One AP have stamp. Two AP papers are not touched.
When I traveled using AP for the first time, this is what happened to me. Neither the Airline nor the Immigration Officer retained the originals, when my family members returned back and they had all 3 with them. I think it depends on airline and the immigration officer whether to hold a copy of your AP are not. It is better to be prepared for this.
Thanks
When I traveled using AP for the first time, this is what happened to me. Neither the Airline nor the Immigration Officer retained the originals, when my family members returned back and they had all 3 with them. I think it depends on airline and the immigration officer whether to hold a copy of your AP are not. It is better to be prepared for this.
Thanks
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smuggymba
10-08 05:40 PM
i sent u PM.
Mr.Smuggy - Easy buddy. Relax.
I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?
Mr.Smuggy - Easy buddy. Relax.
I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?
more...
h4hopeful
05-31 12:56 PM
You should look at it from the point of view of the immigration officer, that person was 50% immigrant and because of that needs to apply for a Green Card, on the mean time one visit a year for less than 90 days or one visit every two years for 6 months will make them a 25% of the time or less resident of USA, which doesn't raise any flag, you have to put yourself in the shoes of the immigration officer.
On the same lines, one of my relative was also denied entry into the US at the Mineapolis airport. She is a widow, 70 years of age, and used to come here to visit her only son and daughter-in-law and their son, since last 6 years. She used to stay for 6 months during the summer time (April to Oct.) and then 6 months in India. But this time when she came here they denied her entry suggesting that you have a pattern of staying here since last 6-7 years at the same time of the year, so you are doing something illegal!!!!......
Now how can one explain this???....70 years of age, a widow and her only son and daughter-in-law earning together earning atleast 6 figure income, a house of their own.....never went out of status, never extendend her stay beyond 6 months.......doing something illegal? and that too they said that they 'suspect'!....no proof whatsoever.....but according to law, she had to go back....this sucks big big time.
On the same lines, one of my relative was also denied entry into the US at the Mineapolis airport. She is a widow, 70 years of age, and used to come here to visit her only son and daughter-in-law and their son, since last 6 years. She used to stay for 6 months during the summer time (April to Oct.) and then 6 months in India. But this time when she came here they denied her entry suggesting that you have a pattern of staying here since last 6-7 years at the same time of the year, so you are doing something illegal!!!!......
Now how can one explain this???....70 years of age, a widow and her only son and daughter-in-law earning together earning atleast 6 figure income, a house of their own.....never went out of status, never extendend her stay beyond 6 months.......doing something illegal? and that too they said that they 'suspect'!....no proof whatsoever.....but according to law, she had to go back....this sucks big big time.
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manand24
10-15 02:12 PM
I don't think so,
my wife and my self had 3 LUDs after FP on both of our 485.
I called TSC, mine and my wife's application is pending secrutiy clearance.
Yes, I know that I will not be getting the GC anytime soon, my PD is 2006 EB2 India.
my wife and my self had 3 LUDs after FP on both of our 485.
I called TSC, mine and my wife's application is pending secrutiy clearance.
Yes, I know that I will not be getting the GC anytime soon, my PD is 2006 EB2 India.
more...
chanduv23
08-15 08:08 AM
No one is intrested in knowing the facts?
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saint_2010
06-25 02:01 PM
Wow...we have a winner...HOME DIGITAL photos are way to go...
I have already used this for my Indian passport renewal...they never objected...Thanks for the input guys.
I have already used this for my Indian passport renewal...they never objected...Thanks for the input guys.
more...
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nogc12
07-12 02:56 PM
Another law suit
http://www.lawyersandsettlements.com/articles/01117/pr-green-card.html
http://www.lawyersandsettlements.com/articles/01117/pr-green-card.html
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pidurika
03-10 01:44 PM
We had the same thing (Case transferred to NBC) and we now have an interview notice in April. We do not know what it is about, until we go for the interview. I have another thread I created recently called "485 Interview" that you can visit in this forum.
Good news, as you already put it, is they did not lose our files :-)
AP
Good news, as you already put it, is they did not lose our files :-)
AP
more...
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kumar1
07-31 01:59 PM
Both same employer
What will happen if everything is same but employers are different? Please shed some light.
What will happen if everything is same but employers are different? Please shed some light.
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pkv
02-08 08:17 PM
Thanks all of you for your responses.
But I'm still not clear about one thing... which center I should file EAD application with?
I'm in California, My I-140 was approved by Texas service center.
I-485 was filed with Nebraska but transfered to texas service center.
Now my I-485 is pending with Texas service center.
Thanks again...
But I'm still not clear about one thing... which center I should file EAD application with?
I'm in California, My I-140 was approved by Texas service center.
I-485 was filed with Nebraska but transfered to texas service center.
Now my I-485 is pending with Texas service center.
Thanks again...
more...
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uma001
03-08 02:12 PM
usually you will be asked for W2 for those years since your priority date.It doesnt matter when you entered US initially
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eb2_immigrant
09-16 02:35 PM
I would say go ahead with your plans, There is no risk at all. I got back from India 2 weeks ago,showed my AP (I was asked to join a seperate line for AP holders). Officer asked for my SSN# thats it.
Do not wait for USCIS to make decisions.
Do not wait for USCIS to make decisions.
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meridiani.planum
04-01 03:34 PM
inline...
I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.
RFE goes to previous lawyer and previous employer. The I-140 is their petition. Ask this lawyer why an RFE will even be sent to you for the I-140? The 485 is your petition, any problem there and the RFE goes to you/your-lawyer. The 140 is the employers petition.
If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?
the trouble is whenever there is a potential for an RFE, the case is by definition NOT "approvable". By definition the RFE implies that USCIS needs further information to process this case, and may choose to approve/deny based on your response to the RFE. An "approvable I-140" is one that does not need an RFE.
Can't I myself respond to the RFE?
no. other than online case status change you wont even know there is an RFE on your I-140. All communication is with the petitioner, who is your employer/sponsorer
I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.
RFE goes to previous lawyer and previous employer. The I-140 is their petition. Ask this lawyer why an RFE will even be sent to you for the I-140? The 485 is your petition, any problem there and the RFE goes to you/your-lawyer. The 140 is the employers petition.
If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?
the trouble is whenever there is a potential for an RFE, the case is by definition NOT "approvable". By definition the RFE implies that USCIS needs further information to process this case, and may choose to approve/deny based on your response to the RFE. An "approvable I-140" is one that does not need an RFE.
Can't I myself respond to the RFE?
no. other than online case status change you wont even know there is an RFE on your I-140. All communication is with the petitioner, who is your employer/sponsorer
mukuraj
07-27 02:55 PM
Hi,
My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".
My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.
Regards
Kasi
Kasi,
I had the same situation and asked my attorney last month. He replied "I-94 # is always the # on the white card which is stapled in your passport", meaning the latest I-94 (white card) given to you at the port of entry. It doesn't matter whether it is expired or not. Hope this answers.
My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".
My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.
Regards
Kasi
Kasi,
I had the same situation and asked my attorney last month. He replied "I-94 # is always the # on the white card which is stapled in your passport", meaning the latest I-94 (white card) given to you at the port of entry. It doesn't matter whether it is expired or not. Hope this answers.
Edison99
03-25 03:11 PM
Congrats the_jaguar and enjoy!
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
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