eb3_nepa
02-03 12:52 PM
Hi guys,
Let's start a Thread which deals SOLELEY with responses to Senators and Congressmen. Anyone meeting or getting replies from S/C pls mention them here.
Admin can we make this Thread a STICKY one?
Thanks
Let's start a Thread which deals SOLELEY with responses to Senators and Congressmen. Anyone meeting or getting replies from S/C pls mention them here.
Admin can we make this Thread a STICKY one?
Thanks
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lonedesi
10-20 12:01 AM
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
little_willy
05-02 09:41 PM
Little_willy,
How could your friends get the 3 yr extension in their new company. Did they show their I-140 approval copy from previous company ?
Thanks
Yes, you do need the I-140 approval from your current employer. We contacted the lawyer directly and obtained all the relevant documents, told them we need for our records. Employer never got involved in this. Hope you can get the approval copy. All the best.
How could your friends get the 3 yr extension in their new company. Did they show their I-140 approval copy from previous company ?
Thanks
Yes, you do need the I-140 approval from your current employer. We contacted the lawyer directly and obtained all the relevant documents, told them we need for our records. Employer never got involved in this. Hope you can get the approval copy. All the best.
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imv116
03-01 10:42 PM
Yeah yes medical one and yes she can come on B1...and all has to go well with the visa...
-the 116
-the 116
more...
sukhyani
01-27 11:43 PM
Are you from Rest of the world or India/china?
Rest of the World.
Rest of the World.
singhv_1980
01-31 07:38 PM
I am planning on taking an interview date in Delhi. I read that for mumbai, you have to drop your docs 1 week prior to your appointment. Can anyone explain the procedure for Delhi, please?
I am still waiting for it to show the availablity. But I got HDFC receipt from India.
Once date is shown- I will apply for non immigrant visa on the website. Now will they ask me to put my petition info (I-797) at this time? Or I will just fill in DS 156 and DS 157 forms??
Once I fill in the forms (with bar code), I will have to take them along in the interview. Is it true?? Or I will have to drop out my docs. at VFS location even for Delhi consulate????
Please help ppl...this stamping ordeal is taking toll on me now...alas! I was born earlier ;):p
I am still waiting for it to show the availablity. But I got HDFC receipt from India.
Once date is shown- I will apply for non immigrant visa on the website. Now will they ask me to put my petition info (I-797) at this time? Or I will just fill in DS 156 and DS 157 forms??
Once I fill in the forms (with bar code), I will have to take them along in the interview. Is it true?? Or I will have to drop out my docs. at VFS location even for Delhi consulate????
Please help ppl...this stamping ordeal is taking toll on me now...alas! I was born earlier ;):p
more...
hibworker
03-17 12:15 PM
Any recent experiences please.
How easy or difficult is it.
Is it any different in Chennai or in Hyd.
I heard different things like some employer memo or something. Is it related to stamping.
If it is, please share your receent stamping experiences.
Is Canada better.,
Thank you
Bobby.
If your documents are in order then there is really no need to worry. The employer memo you are talking about is about employer - employee relationship. If a worker on H1 visa is working at a client site where his / her employer do not directly control the day to day activity then that person will be denied H1.
In plain terms if you are on staff augmentation project and report to a client manager who controls your day to day assignment and your H1 employer only runs your payroll then there will be issues when you go for stamping with a possibility of your visa getting denied.
How easy or difficult is it.
Is it any different in Chennai or in Hyd.
I heard different things like some employer memo or something. Is it related to stamping.
If it is, please share your receent stamping experiences.
Is Canada better.,
Thank you
Bobby.
If your documents are in order then there is really no need to worry. The employer memo you are talking about is about employer - employee relationship. If a worker on H1 visa is working at a client site where his / her employer do not directly control the day to day activity then that person will be denied H1.
In plain terms if you are on staff augmentation project and report to a client manager who controls your day to day assignment and your H1 employer only runs your payroll then there will be issues when you go for stamping with a possibility of your visa getting denied.
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chanduv23
09-16 12:26 AM
Is andy garcia and andy_8214 the same? Just wondering:rolleyes:
Dunno - but we can find out from the IP logs - will not worry about this person
Dunno - but we can find out from the IP logs - will not worry about this person
more...
bhp2301
10-09 06:09 PM
Leave Nov visa bulletin, I am more interested in November pay check, thank to this economy.
Marry me...i like funny people......
/thread
Marry me...i like funny people......
/thread
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sideeque
12-27 03:05 PM
I have visited India with old Employer Vis a Stamp. We just need to show the new I797 approval notice. They will update I-94 with the new date.
But if your visa expired, then you need to stamp. otherwise should be fine...
But if your visa expired, then you need to stamp. otherwise should be fine...
more...
satyachowdary
06-01 12:10 PM
My new EB2 140 is approved with new date, so I sent following email to EBupdate.tsc@dhs.gov on 05/18 and my case is approved on 05/25. You don't have to wait until new I-140 is ported with old 140 date, the following email worked for me.
In the subject line, put : I-485 Multiple I-140s
Body of the email :
Dear Sir/Madam
I request you to kindly approve my pending I 485 case with new approved EB-2 (SRCXXXXXXXXXX) I-140. My I 485 was originally filed with EB-3 (LINXXXXXXXXXX). As per Pearson memo I am eligible to take advantage of priority date from EB3 to EB2.
Please contact me if you need any other information.
My case receipt numbers:
EB-3 : Receipt# LINXXXXXXXXXX with Priority Date XX/XX/2004
EB-2 : Receipt# SRCXXXXXXXXXX with Priority Date XX/XX/2011
I-485: Receipt# SRCXXXXXXXXXX
Primary details:
First name :
Last name :
A# :
485 receipt number :
Spouse Details:
First name :
Last name :
A# :
485 receipt number :
Thanking you
Sincerely,
Name
Address
Ph No :
Email :
In the subject line, put : I-485 Multiple I-140s
Body of the email :
Dear Sir/Madam
I request you to kindly approve my pending I 485 case with new approved EB-2 (SRCXXXXXXXXXX) I-140. My I 485 was originally filed with EB-3 (LINXXXXXXXXXX). As per Pearson memo I am eligible to take advantage of priority date from EB3 to EB2.
Please contact me if you need any other information.
My case receipt numbers:
EB-3 : Receipt# LINXXXXXXXXXX with Priority Date XX/XX/2004
EB-2 : Receipt# SRCXXXXXXXXXX with Priority Date XX/XX/2011
I-485: Receipt# SRCXXXXXXXXXX
Primary details:
First name :
Last name :
A# :
485 receipt number :
Spouse Details:
First name :
Last name :
A# :
485 receipt number :
Thanking you
Sincerely,
Name
Address
Ph No :
Email :
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paragpujara
09-18 04:52 PM
Yr employer is correct. You can't apply for SSN before OCT 1st as yr H1 starts from OCT 1st. When you go to SSN office, they look at yr current i-94 to find out yr current immigrant status (H1/H4/L1,etc) and if you current i-94 is for H4 then they won't allow you to apply for SSN. I had same exp for my wife. We applied on 2nd Oct in VA.
Hope this helps.
I checked with my employer, they mentioned that I cannot apply for SSN before Oct 1 and would only be eligible post Oct 1. Any ideas !
Hope this helps.
I checked with my employer, they mentioned that I cannot apply for SSN before Oct 1 and would only be eligible post Oct 1. Any ideas !
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Bhadwaj
07-15 05:26 PM
Hello,
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
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shimul99
09-20 04:15 PM
is there any possiblity that the EB3-ROW from Bngladesh become current soon. can you tell any approx.....days. What about in October....i heard that the new visa will be available in Oct every year. Is there any quota for different countries....??????? thanks again
your application will be accepted and processed (since you applied when your date was current), but it cant be approved until you are current again. So you can keep getting/renewing EADs/APs, security and background checks will happen etc, but no final approval until EB3-ROW becomes current for your PD.
your application will be accepted and processed (since you applied when your date was current), but it cant be approved until you are current again. So you can keep getting/renewing EADs/APs, security and background checks will happen etc, but no final approval until EB3-ROW becomes current for your PD.
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malibuguy007
10-02 06:45 PM
Could not believe this thread was not on the first page. The lack of response so far is not going to shake my belief that ultimately most of you will contribute. Maybe you have not cashed your check yet?
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Prashanthi
05-08 02:27 PM
Go ahead and do it, that will not effect your present I-140 and I-485.
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quizzer
01-08 02:03 PM
As far as i know PF is controlled by the central government, TCS will not have any say in you withdrawing your money. Generally there is an upto 15% match from the company in your account, and that is yours the moment it is deposited in your account. You should not have any problems withdrawing your money. Your money is yours. Some companies deposit PF monies quarterly, small companies deposit it annually, in those cases you might be screwed if you company did not deposit the money in your account.
thanks for the response.
Iam also looking for somebody who has managed to withdraw from TCS PF..similar to my case
thanks for the response.
Iam also looking for somebody who has managed to withdraw from TCS PF..similar to my case
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wandmaker
02-04 05:04 PM
Given your immigration status - You can work part time or volunteer as long as it does not conflict with your current employers business interest and terms & conditions of employment.
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LostInGCProcess
11-06 02:39 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status. In that case, H1 will be denied because an H1 application while out of status will lead to denial.
There is no mention from the original poster that she was out of status at any time. Also, one need not have an EAD, just to be in status. Your GC (i-485) is for future job, so, technically you can just sit at home...till you get the GC. But you must have a permanent offer letter from the GC sponsored company.
There is no mention from the original poster that she was out of status at any time. Also, one need not have an EAD, just to be in status. Your GC (i-485) is for future job, so, technically you can just sit at home...till you get the GC. But you must have a permanent offer letter from the GC sponsored company.
raysaikat
05-27 05:53 PM
My parents visited here in US last year. Unfortunately my mother got high fever and admitted in hospital giving me bill of 30000$.
Insurance company denied my claims as pre existing condition. I tried several ways to convince insurance company but all in vain.
I negotiated with hospital to pay 15000 and paid off hospital bill.
I also got a doctor bill later and that went to collections. I didnt pay doctor bill (500 dollars) till today.
Does this 500 dollar collection notice will effect my mothers next visit?
If I pay now does it matter anyway?
Is there any chance of deportation?
Please advice...
Not paying the $500 is bad for your credit history. However, they should have no effect on your immigration --- AFAIK, the only thing they check if you were ever on public assistance ...
Insurance company denied my claims as pre existing condition. I tried several ways to convince insurance company but all in vain.
I negotiated with hospital to pay 15000 and paid off hospital bill.
I also got a doctor bill later and that went to collections. I didnt pay doctor bill (500 dollars) till today.
Does this 500 dollar collection notice will effect my mothers next visit?
If I pay now does it matter anyway?
Is there any chance of deportation?
Please advice...
Not paying the $500 is bad for your credit history. However, they should have no effect on your immigration --- AFAIK, the only thing they check if you were ever on public assistance ...
desi3933
06-12 04:51 PM
.......
In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left)
.....
The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.
My 2 cents.
In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left)
.....
The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.
My 2 cents.
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