jsb
11-02 11:17 AM
Dear Friends,
Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?
My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.
Thanks.
If your current employer is your GC sponsor, won't he withdraw its I-140 if you quit? As I-140 is for future job, if you and him continue to have intent of making employee/employer relationship as per filed I-140, you can do whatever you want in the meantime, but you would need to work for him on getting your GC. Or you can wait and hope that I-140 is not approved within 180 days. In that case you can move to the new employer. Employment with sponsoring employer prior to GC approval, paystubs, etc. are only for establishaing and restrengthening expressed intent.
Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?
My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.
Thanks.
If your current employer is your GC sponsor, won't he withdraw its I-140 if you quit? As I-140 is for future job, if you and him continue to have intent of making employee/employer relationship as per filed I-140, you can do whatever you want in the meantime, but you would need to work for him on getting your GC. Or you can wait and hope that I-140 is not approved within 180 days. In that case you can move to the new employer. Employment with sponsoring employer prior to GC approval, paystubs, etc. are only for establishaing and restrengthening expressed intent.
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nath.exists
12-12 11:48 AM
Moonlight, I am in a similar situation as you except that the person involved here is my spouse and the country of birth is srilanka and it is india in all her documents...i have done some research and found some interesting points for my scenario.May be we both can share info and help each other. you can mail me at nath4u@gmail.com. Also you can reply your contact info.
sundarpn
06-08 02:38 PM
I am sure IV has thought about this...
But just curious if there are any mainstream News channels or Media that is covering or publishing anything about the IV Advocacy event and IV's agenda?
thx
But just curious if there are any mainstream News channels or Media that is covering or publishing anything about the IV Advocacy event and IV's agenda?
thx
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sumansk
12-21 09:33 AM
Nice article.. I wish they read it and change their opinion.The problem with these guys is that they just dont understand a legitimate difference between various shades of immigrants in this country..
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mhkumar
07-14 03:58 PM
It used to be required only for Mumbai Consulate. But I think Hyderabad has also started. Please check
I think it is only for Mumbai Consulate(as mentioned in VFS (http://www.vfs-usa.co.in)).
"For Mumbai consular district applicants only: Drop off your required documents three working days prior to your appointment at a VFS Application Centre in Mumbai, Pune or Ahmedabad."
No where it is mentioned that HYD consulate has started. Where did you find it?
I think it is only for Mumbai Consulate(as mentioned in VFS (http://www.vfs-usa.co.in)).
"For Mumbai consular district applicants only: Drop off your required documents three working days prior to your appointment at a VFS Application Centre in Mumbai, Pune or Ahmedabad."
No where it is mentioned that HYD consulate has started. Where did you find it?
skarthy
11-27 05:13 PM
skarthy: Upgrade your H1 transfer to premium processing, get the transfer approved. Re-enter the country by showing your wife's old H1 stamping, get a new I-94 based on new approved H1 petition at POE. This is a easy route; If I were you, I will do this.
So We are abandoning the current H1 if we go before its approved .
How do I get the I-94 based on the new H1B , just ask them to stamp it like that ?
Thanks wandmaker.
So We are abandoning the current H1 if we go before its approved .
How do I get the I-94 based on the new H1B , just ask them to stamp it like that ?
Thanks wandmaker.
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posmd
08-05 02:21 PM
It seems as if the Big B has not given up on this issue just yet. He is making it a point to mention it atleast once each week, despite what other international developments are going on. I think he will be putting the full court press on the house republicans, it will be interesting to see whether he gets them to accept some compromise.
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srini1976
03-26 10:41 AM
Just check if the physician fills out the I-693 form without errors and signs it appropriately.
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Blog Feeds
10-15 12:10 PM
A Blog reader called me the other day and wanted to know when his priority date will become current. His I-485 adjustment was filed in August 2007 when visas opened up for 30 days, and since that time retrogressed. The applicant is from India and like many others in his shoes is eager for answers. So how do visa numbers become available?
In order to approve an application for adjustment of status (I-485), there must be a visa number available in the particular category. This, in turn, depends upon the country of chargeability and the priority date of the case. Once the U.S. Citizenship and Immigration Services (USCIS) has reviewed a particular I-485 application, a request is submitted to the DOS for a visa authorization. If the USCIS makes the request for a visa number to the DOS when the priority date of a particular case is current, and an immigrant visa number is available, the authorization is transmitted and the USCIS can approve the I-485 application. This is all tracked through the DOS Immigrant Visa Allocation Management System (IVAMS).
If an immigrant visa number for a particular individual is requested from the DOS by the USCIS, but none is available, the request is moved to the "pending" file with the DOS. Data from this pending file is used by the DOS to calculate the appropriate cutoff dates for the backlogged categories in the Visa Bulletin each month.
Cases placed in the pending demand category are processed as immigrant visa numbers become available. The DOS communicates with the USCIS regarding the A numbers of the cases for which visa numbers have been authorized. These cases are then processed to completion and green cards are then issued by the USCIS.
As you can see, this is a very complicated and streamlined process, with actual visa numbers tracked, issued, and assigned to particular green card cases as part of the approval process. Clients often do not understand why they have to wait, sometimes years for visa numbers to open, even after USCIS approvals. We hope that both agencies will find a better way to talk to each other and make the Immigrant visa process and much smoother one.
More... (http://www.visalawyerblog.com/2009/10/san_diego_immigration_attorney_15.html)
In order to approve an application for adjustment of status (I-485), there must be a visa number available in the particular category. This, in turn, depends upon the country of chargeability and the priority date of the case. Once the U.S. Citizenship and Immigration Services (USCIS) has reviewed a particular I-485 application, a request is submitted to the DOS for a visa authorization. If the USCIS makes the request for a visa number to the DOS when the priority date of a particular case is current, and an immigrant visa number is available, the authorization is transmitted and the USCIS can approve the I-485 application. This is all tracked through the DOS Immigrant Visa Allocation Management System (IVAMS).
If an immigrant visa number for a particular individual is requested from the DOS by the USCIS, but none is available, the request is moved to the "pending" file with the DOS. Data from this pending file is used by the DOS to calculate the appropriate cutoff dates for the backlogged categories in the Visa Bulletin each month.
Cases placed in the pending demand category are processed as immigrant visa numbers become available. The DOS communicates with the USCIS regarding the A numbers of the cases for which visa numbers have been authorized. These cases are then processed to completion and green cards are then issued by the USCIS.
As you can see, this is a very complicated and streamlined process, with actual visa numbers tracked, issued, and assigned to particular green card cases as part of the approval process. Clients often do not understand why they have to wait, sometimes years for visa numbers to open, even after USCIS approvals. We hope that both agencies will find a better way to talk to each other and make the Immigrant visa process and much smoother one.
More... (http://www.visalawyerblog.com/2009/10/san_diego_immigration_attorney_15.html)
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10dulkar
08-08 09:53 AM
But the July 2nd decision was reversed later. Why did they not file then?
Besides, companies do not need to pay for 485. Makes no sense for them to pay for something that they do not have to.
On a separate note, does anyone know of any company which has discontinued GC processing because the new rule states the employer has to pay for PERM?
That's our company policy(1 year bond of course)
BTW they did file after July17th.:o
Besides, companies do not need to pay for 485. Makes no sense for them to pay for something that they do not have to.
On a separate note, does anyone know of any company which has discontinued GC processing because the new rule states the employer has to pay for PERM?
That's our company policy(1 year bond of course)
BTW they did file after July17th.:o
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hope4gc
04-02 08:08 AM
Gurus,
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
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guyfromsg
04-29 11:50 AM
My LC (non-RIR) is stuck in BPC since Feb'05 which is also my PD. After lot of convincing up to my VP level they finally at least agreed to have a healthy discussion with lawyer to see the pros and cons of converting the application to PERM while retaining PD.
My understanding is, there is no conversion. The old application from BPC has to be with drawn and re-filed under PERM. I meet other requirements to keep the PD like same job title etc..
Question is, H1 expires in Feb'07 and will apply for extension in Aug'06. Should I wait till Aug to have H1 extended using premium processing and then convert to PERM. Is there a risk of re-filing under PERM prior to H1 extension. PERM takes few months for the company to prepare, can they kick start the process now without withdrawing the LC?
thank you.
My understanding is, there is no conversion. The old application from BPC has to be with drawn and re-filed under PERM. I meet other requirements to keep the PD like same job title etc..
Question is, H1 expires in Feb'07 and will apply for extension in Aug'06. Should I wait till Aug to have H1 extended using premium processing and then convert to PERM. Is there a risk of re-filing under PERM prior to H1 extension. PERM takes few months for the company to prepare, can they kick start the process now without withdrawing the LC?
thank you.
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laststraw
04-15 12:26 PM
Here is my estimate on the timeframe:
Prepare job description etc. - 1 to 2 months (depends on company and attorney)
Prevailing Wages - 2 months (this is based on the current centralized processing)
Recruitment Process - 2 to 3 months (depends on company and attorney)
PERM Labor approval - 9 months (if it gets audited, it would take around 2 years)
I140 - 4 months (you can reduce it if you can file premium processing)
I485 - This depends on the EB category & VISA dates - if it is EB3 India, it would probably be 7-10 years or more
I am not trying to be pessimistic. This is based on what I have observed and read. I have been in this country for 10 years on H1B. I am currently waiting for my Prevailing Wages request to be processes (for my 3rd labor application). It is a long process, but as long as you are working for a good company that treats you well, you should be able to endure the pain.
Prepare job description etc. - 1 to 2 months (depends on company and attorney)
Prevailing Wages - 2 months (this is based on the current centralized processing)
Recruitment Process - 2 to 3 months (depends on company and attorney)
PERM Labor approval - 9 months (if it gets audited, it would take around 2 years)
I140 - 4 months (you can reduce it if you can file premium processing)
I485 - This depends on the EB category & VISA dates - if it is EB3 India, it would probably be 7-10 years or more
I am not trying to be pessimistic. This is based on what I have observed and read. I have been in this country for 10 years on H1B. I am currently waiting for my Prevailing Wages request to be processes (for my 3rd labor application). It is a long process, but as long as you are working for a good company that treats you well, you should be able to endure the pain.
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martinvisalaw
06-16 11:09 AM
Not all non-profits are cap-exempt.
He could theoretically apply for a change of status from B-2 to H-1B. However he should not be using the B-2 to look for work. Any change of status, or H-1B visa application at a consulate, might bring up the questions of his activities in B-2 status, and whether he misrepresented anything. If he found a job while in the US in B-2 status, his activities in B-2 status might be questioned.
He could theoretically apply for a change of status from B-2 to H-1B. However he should not be using the B-2 to look for work. Any change of status, or H-1B visa application at a consulate, might bring up the questions of his activities in B-2 status, and whether he misrepresented anything. If he found a job while in the US in B-2 status, his activities in B-2 status might be questioned.
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gimme Green!!
07-06 02:56 PM
Admin - please close / delete this thread.
There is another one on the same topic.
There is another one on the same topic.
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vrbest
12-16 08:49 AM
This is not true.. First time H4 when the dependant is on in US will NOT have I797. They just go to consulate with spouse's H1B to get H4 Stamped. I-797 for H4 will be received when H4 is extended with H1 here in US. That is what we also have and I have done 3 extensions/stamping for H1/H4 already with no issues
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
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Milind123
07-23 06:02 AM
what were the charges?
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arya_322
07-24 03:23 PM
I entered US last december 2007 with a visitors visa,allowed me to stay for 6 mos.,last march 2008 I married my fiance who has a H1b visa and is working right now here in the US and last May 2008 I Applied for a change of status from visitors to H4 dependent..Until now the case is pending but right now we had a family crisis back home and I have to go back home asap...what will happen with my application if I go home...Will I still be able to come back here and will I be out of status if I leave my pending application here???
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softman
07-21 11:08 AM
Hi Softman,
I am in the similar situation too. I don't have my Labor approval copy and I changed my job using AC21. Now I am trying to change my attorney since my ex employee's attorney will not talk to me and all the RFEs will still go to him unless I file a G-28 form. But all the attorneys I talked to is asking for that LCA form from my previous employer.
My question to you is are you able to find an attorney to represent you since you changed the job?..
Inthehole, can you be little bit elaborate, what job code you filled in AC21, how did you know that if you don’t have your Labor copy.
I am in the similar situation too. I don't have my Labor approval copy and I changed my job using AC21. Now I am trying to change my attorney since my ex employee's attorney will not talk to me and all the RFEs will still go to him unless I file a G-28 form. But all the attorneys I talked to is asking for that LCA form from my previous employer.
My question to you is are you able to find an attorney to represent you since you changed the job?..
Inthehole, can you be little bit elaborate, what job code you filled in AC21, how did you know that if you don’t have your Labor copy.
frostrated
10-26 02:10 PM
All,
I am currently unemployed and my spouse needs to travel to Mumbai urgently. Our AP is valid through November 30, 2009. Will there be any issues for my wife when she comes back - possibly because of my current status. Wife is employed (with a different company)& the EAD/AP was filed by my last employer. Responses will be appreciated. Thanks!
an EAD requires a sponsoring company. So, it is in your best interest to find an employer immediately and apply for AC21. If at the time of renewal they ask for employer documents, then your renewal will not be processed and your EAD/AP withdrawn.
I am currently unemployed and my spouse needs to travel to Mumbai urgently. Our AP is valid through November 30, 2009. Will there be any issues for my wife when she comes back - possibly because of my current status. Wife is employed (with a different company)& the EAD/AP was filed by my last employer. Responses will be appreciated. Thanks!
an EAD requires a sponsoring company. So, it is in your best interest to find an employer immediately and apply for AC21. If at the time of renewal they ask for employer documents, then your renewal will not be processed and your EAD/AP withdrawn.
sanju_dba
11-12 01:39 PM
Group,
This morning I saw a commercial (California Group Blames Immigrants for Climate Change) (http://www.triplepundit.com/2009/11/california-group-blames-immigrants-for-climate-change/)on the local Bay Area channel and was simply surprised, I mean out of words surprised.
I cannot believe how low these anti-immigrant groups can and will go to push their point, which obviously is nothing but full of BS, but it certainly adds fuel to the fire.
fueling the fire, but they better make sure the fire drivesoff the right monsters , the illegals.
This morning I saw a commercial (California Group Blames Immigrants for Climate Change) (http://www.triplepundit.com/2009/11/california-group-blames-immigrants-for-climate-change/)on the local Bay Area channel and was simply surprised, I mean out of words surprised.
I cannot believe how low these anti-immigrant groups can and will go to push their point, which obviously is nothing but full of BS, but it certainly adds fuel to the fire.
fueling the fire, but they better make sure the fire drivesoff the right monsters , the illegals.
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