ragz4u
03-28 09:45 AM
Please post your responses here
http://immigrationvoice.org/forum/showthread.php?t=407
http://immigrationvoice.org/forum/showthread.php?t=407
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poise2000
07-30 01:42 PM
thanks, tabeltpc.
I think even the local govenment is under the H1b quota. Therefore, I had to apply for the H1B in the next year.
The DOL online prevailing wage only shows that the salary for that position is for the county. The offer of the town govenment is $5000 lower than the prevailing wage of the county. And they can not increase the salary because the town is not near the rich area in the county. They told me the salary they offer is the highest for this position.
Thanks
Get the DOL report before u take up the job. DOL will give the estimation for salary....!!!Use it and ask u r company attorney to file for the H1b now its self mentioning the start date as future date (when u r opt expires). Since u work for local government ...governments jobs don't come under H1b quota...so u can apply NOW.
if the DOL report comes out favorable...start the job and can look out for a better opportunity. Trust me u will find one when u have a back up job.
Good luck
I think even the local govenment is under the H1b quota. Therefore, I had to apply for the H1B in the next year.
The DOL online prevailing wage only shows that the salary for that position is for the county. The offer of the town govenment is $5000 lower than the prevailing wage of the county. And they can not increase the salary because the town is not near the rich area in the county. They told me the salary they offer is the highest for this position.
Thanks
Get the DOL report before u take up the job. DOL will give the estimation for salary....!!!Use it and ask u r company attorney to file for the H1b now its self mentioning the start date as future date (when u r opt expires). Since u work for local government ...governments jobs don't come under H1b quota...so u can apply NOW.
if the DOL report comes out favorable...start the job and can look out for a better opportunity. Trust me u will find one when u have a back up job.
Good luck
QuintonBermuda
05-06 04:56 PM
I have lived in GA for 5 years...but here is what I found on GSU's site (the school I would like to go to, looks like they have a specific policy):
Information for H-1B Visa holders
H1-B visa-holders and their H-4 dependents residing in Georgia while waiting for approval of adjustment of status to U. S. legal permanent resident shall have the same privilege of consideration for payment of in-state tuition rate as a citizen of the United States. These individuals must be able to show clear evidence of having taken all legally permissible steps under applicable provisions of immigration law toward establishing legal permanent residence in the
United States and the establishment of domicile in the State of Georgia at least 12 months prior to the first day of classes for the term in which they are seeking payment of the in-state tuition rate.
One or more of the following documents should be submitted as proof of taking the appropriate steps toward U.S. legal permanent resident status.
I-94 (Arrival/Departure Record)
Form ETA - 9089 Alien Labor Certification Application
I-140 Immigrant Petition for an Alien Worker
Receipt notice (I-797) for filing Form I-485 - Application to Register Permanent Residence or Adjust Status
Information for H-1B Visa holders
H1-B visa-holders and their H-4 dependents residing in Georgia while waiting for approval of adjustment of status to U. S. legal permanent resident shall have the same privilege of consideration for payment of in-state tuition rate as a citizen of the United States. These individuals must be able to show clear evidence of having taken all legally permissible steps under applicable provisions of immigration law toward establishing legal permanent residence in the
United States and the establishment of domicile in the State of Georgia at least 12 months prior to the first day of classes for the term in which they are seeking payment of the in-state tuition rate.
One or more of the following documents should be submitted as proof of taking the appropriate steps toward U.S. legal permanent resident status.
I-94 (Arrival/Departure Record)
Form ETA - 9089 Alien Labor Certification Application
I-140 Immigrant Petition for an Alien Worker
Receipt notice (I-797) for filing Form I-485 - Application to Register Permanent Residence or Adjust Status
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waiting4gc02
02-20 07:42 AM
Guys:
I wanted to know that if somebody has currently an approved LC and I-140(EB-3) with Company A and decided to change jobs to Company B, who would now file under EB-2.
a) Can he hold on to his EB3 priority date..though the new petition would be filed under EB-2 ?
Yes, I know a lot of ppl have asked this question in the wake of the retrogession that we are all sufferning through ?
b) If this Company B were to file for H1-B , as I understand it would count towards the 2007-2008 quota which opens on April 1st '07...does this scenario also force you to not start working till Oct'07 (which is when ppl who file in the 2007-08 quota are supposed to start working).
What I am trying to understand is that in this scenario can you change jobs and start to work for Company B without having to wait till Oct'07 ?
Thanks
I wanted to know that if somebody has currently an approved LC and I-140(EB-3) with Company A and decided to change jobs to Company B, who would now file under EB-2.
a) Can he hold on to his EB3 priority date..though the new petition would be filed under EB-2 ?
Yes, I know a lot of ppl have asked this question in the wake of the retrogession that we are all sufferning through ?
b) If this Company B were to file for H1-B , as I understand it would count towards the 2007-2008 quota which opens on April 1st '07...does this scenario also force you to not start working till Oct'07 (which is when ppl who file in the 2007-08 quota are supposed to start working).
What I am trying to understand is that in this scenario can you change jobs and start to work for Company B without having to wait till Oct'07 ?
Thanks
more...
raysaikat
08-01 12:11 AM
Dear Madam,
My wife is also in the same situation, I am not sure if you have found the response from anyone, but i would really appreciate if you can share your findings about the same question..
Regards,
-AShu
You need to carry both passports. The VISAs on the older passport remain valid unless they were explicitly voided.
My wife is also in the same situation, I am not sure if you have found the response from anyone, but i would really appreciate if you can share your findings about the same question..
Regards,
-AShu
You need to carry both passports. The VISAs on the older passport remain valid unless they were explicitly voided.
Beasle
07-11 07:28 PM
My PERM (EB2) was filed mid January 2008, less than 365 days before my second term H1B will expire in October 1, 2008. The case was audited in March and we responded in April 2008 to the Atlanta Processing Center. Since then, no news.
From what I understand from my lawyer, there will be a time gap when I will be without H1B status between October 1, 2008 and mid January 2009, when I will be eligible for an automatic H1B extension due to the PERM pending for more than 365 days. This time gap comes to a total of about 110 days.
My lawyer suggests spending these 110 days out of the country before October 1st, so they can be filed as a �time recap� and added to my H1B October expiration date. As a result, this would get me to mid January 2009 for the H1B visa extension, so I can stay continuously in the US.
As of now, I already accumulated about 60 days � all from vacation during the 6 years on H1B. If I applied this for time recap, it would get me through December 1, 2008. If I can avoid it, I would rather not spend the remaining 50 days abroad before my H1B visa expiration.
Questions:
Recap eligibility
- Does paid vacation count as time out of the country for recap filing and added to the H1B expiration date?
- Do travel dates also count or only full days abroad?
Recap filing
- If the recap filing of 60 vacation days get me to December, can I still go in and out of the country between October and December -- even though my H1B officially ended in October?
- Can I do a recap filing several times for time periods that I might stay out of the country between October and December, so eventually it would get me to mid January, the date when the H1B extension can be filed?
Filing after PERM approval
- What are the next filing steps if I get my LC approved before / after October or December?
My lawyer, hired by my employer, keeps me in the dark. Is my information correct? Are there any work-arounds?
I need to stay in the country, regardless of the filing fees or other costs. Which other filings are required and when, so I can stay continuously in the country?
Thanks for any tips and advice.
From what I understand from my lawyer, there will be a time gap when I will be without H1B status between October 1, 2008 and mid January 2009, when I will be eligible for an automatic H1B extension due to the PERM pending for more than 365 days. This time gap comes to a total of about 110 days.
My lawyer suggests spending these 110 days out of the country before October 1st, so they can be filed as a �time recap� and added to my H1B October expiration date. As a result, this would get me to mid January 2009 for the H1B visa extension, so I can stay continuously in the US.
As of now, I already accumulated about 60 days � all from vacation during the 6 years on H1B. If I applied this for time recap, it would get me through December 1, 2008. If I can avoid it, I would rather not spend the remaining 50 days abroad before my H1B visa expiration.
Questions:
Recap eligibility
- Does paid vacation count as time out of the country for recap filing and added to the H1B expiration date?
- Do travel dates also count or only full days abroad?
Recap filing
- If the recap filing of 60 vacation days get me to December, can I still go in and out of the country between October and December -- even though my H1B officially ended in October?
- Can I do a recap filing several times for time periods that I might stay out of the country between October and December, so eventually it would get me to mid January, the date when the H1B extension can be filed?
Filing after PERM approval
- What are the next filing steps if I get my LC approved before / after October or December?
My lawyer, hired by my employer, keeps me in the dark. Is my information correct? Are there any work-arounds?
I need to stay in the country, regardless of the filing fees or other costs. Which other filings are required and when, so I can stay continuously in the country?
Thanks for any tips and advice.
more...
rayoflight
05-05 03:39 PM
Hi Folks:
Thank You for your interest. I just reserved the conference room at Tysons Pimmit Library 7584 Leesburg Pike Falls Church, VA 22043 - (703) 790-8088 on 5/9/2009 from 3PM-5PM.
I expressed interest to lead the MD chapter but definitely looking for support to build our chapter.
Agenda for the meeting:
nixstor would be updating us on the following issues.
(1) State Department's Forecast on the Visa Bulletin for the remainder of
the year
(2) Immigration legislation progress on the hill & WH so far
(3) Miken Institute Global conference on Housing and Immigration.
(4) DC/MD/VA chapter
Thanks,
Rayoflight
P.S Ask for the conference room at the library.
For those who are in MD and wondering why the Tysons location
(1) Unlike the Montgomery County Library facilities, Fairfax County library meeting rooms are free.
(2) Tyson's Pimmit is conveniently located off of 495.
Thank You for your interest. I just reserved the conference room at Tysons Pimmit Library 7584 Leesburg Pike Falls Church, VA 22043 - (703) 790-8088 on 5/9/2009 from 3PM-5PM.
I expressed interest to lead the MD chapter but definitely looking for support to build our chapter.
Agenda for the meeting:
nixstor would be updating us on the following issues.
(1) State Department's Forecast on the Visa Bulletin for the remainder of
the year
(2) Immigration legislation progress on the hill & WH so far
(3) Miken Institute Global conference on Housing and Immigration.
(4) DC/MD/VA chapter
Thanks,
Rayoflight
P.S Ask for the conference room at the library.
For those who are in MD and wondering why the Tysons location
(1) Unlike the Montgomery County Library facilities, Fairfax County library meeting rooms are free.
(2) Tyson's Pimmit is conveniently located off of 495.
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singhsa3
08-22 11:38 AM
Anyone???
Does any one remember if at the time of finger printing for 485, did they enter the Receipt Number, A# or both in their computer.
I am have some issues with multiple A#s and I need this information.
Please reply only if you are sure.
Does any one remember if at the time of finger printing for 485, did they enter the Receipt Number, A# or both in their computer.
I am have some issues with multiple A#s and I need this information.
Please reply only if you are sure.
more...
natrajs
09-01 06:05 PM
AR -11 Helps and your attorney also will also get copy
Don't worry
Don't worry
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psk79
05-22 11:16 AM
I am sure this what might have happened since you talked about FP.
Did you and your attorney both receive the FP notices ? I think one of those copies was returned to USCIS as undeliverable. What they do is they wil check the system for any address change and then put the returend FP notices alogn with the envelope in a new envelope and mail it out again. We had this weird status for few people duingthe Jul 07 rush and that was what it was. Let us know if this is the case..
Did you and your attorney both receive the FP notices ? I think one of those copies was returned to USCIS as undeliverable. What they do is they wil check the system for any address change and then put the returend FP notices alogn with the envelope in a new envelope and mail it out again. We had this weird status for few people duingthe Jul 07 rush and that was what it was. Let us know if this is the case..
more...
thomachan72
03-18 01:48 PM
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
regarding response #2:- If the approved H1b (from Oct 08 to March 09) was already subject to cap, could you claim for a 3 year new H1b?
The reason I was asking is because recently this application to consider this as a new H1b for 3 years was rejected and instead only one year (recapture time for year abroad) was issued.
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
regarding response #2:- If the approved H1b (from Oct 08 to March 09) was already subject to cap, could you claim for a 3 year new H1b?
The reason I was asking is because recently this application to consider this as a new H1b for 3 years was rejected and instead only one year (recapture time for year abroad) was issued.
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arsh007
06-18 05:41 PM
Hi
I am going to apply for i-485,
i have birth certificate which is taken in 2005 but I was born in 1974
some of my friends are saying...as you are born in 1974 and as your
birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
to get the green card.
Is it right?
They are saying me to get Affidivits + non availability certificate now.
will it be a problem if I put my birth certificate....while applying for 485
thanks
Elephant
Your friends are correct. U can avoid RFE in I-485 by using affidavits.
I am going to apply for i-485,
i have birth certificate which is taken in 2005 but I was born in 1974
some of my friends are saying...as you are born in 1974 and as your
birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
to get the green card.
Is it right?
They are saying me to get Affidivits + non availability certificate now.
will it be a problem if I put my birth certificate....while applying for 485
thanks
Elephant
Your friends are correct. U can avoid RFE in I-485 by using affidavits.
more...
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GCBoy786
06-28 05:45 PM
I am about to mail the documents for my EAD and AP renewal.
Current Residence: Missouri
Could someone please verify the filing addresses for a FEDEX delivery.
EAD filing Address:
Nebraska Service Center
850 S. Street,
Lincoln, NE 68508-1225
AP filing Address:
USCIS Nebraska Service Center
P.O. Box 87131
Lincoln, NE 68501-7131
Current Residence: Missouri
Could someone please verify the filing addresses for a FEDEX delivery.
EAD filing Address:
Nebraska Service Center
850 S. Street,
Lincoln, NE 68508-1225
AP filing Address:
USCIS Nebraska Service Center
P.O. Box 87131
Lincoln, NE 68501-7131
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vayumahesh
06-04 02:30 PM
Last year, When I filed I-485/EAD/AP, I wrote the check in favor of DHS (abbreviated) and it was accepted.
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beautifulMind
11-20 11:27 AM
I have i485 pending and working on EAD. H1b expired. I am on Eb3.
I have a opportunity to become a Manager in the same company....The job duties would ofcourse be different from Programmer/analyst position...
So can I take the promotion and use the EAD...Will I be using AC21
I have a opportunity to become a Manager in the same company....The job duties would ofcourse be different from Programmer/analyst position...
So can I take the promotion and use the EAD...Will I be using AC21
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snathan
08-18 11:24 PM
Thanks.
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eb3_nepa
05-27 11:53 AM
I am in a similar situation but since my receipt number is a Texas number I will write Texas Service Center. No point confusing the USCIS.
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resident1374
01-26 03:43 PM
I am requesting some expert answers -
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
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thakurrajiv
11-03 02:24 PM
Dont you need the FP notice to even enter that building, the guard or the cop standing will not even let you in, if you dont have the FP call for notice.
I never heard of walk-ins :)
gcdreamer is right, you need FP notice. But if your question is if you miss your appointment date and then whether you can walk in another day, then answer is yes. I went to FP 2 weeks ago. A lady next to me, had FP notice dated 3 weeks earlier.The office let her get FP done.I personally did not do this.
I never heard of walk-ins :)
gcdreamer is right, you need FP notice. But if your question is if you miss your appointment date and then whether you can walk in another day, then answer is yes. I went to FP 2 weeks ago. A lady next to me, had FP notice dated 3 weeks earlier.The office let her get FP done.I personally did not do this.
rameshraju11
06-08 11:00 AM
Yes , we received an RFE letter seems after RFE expiration date. but USCIS online case status still shows case was received and pending. it did not talk about RFE letter was sent
drak70
11-01 12:27 AM
Hi all,
My wife has MSc in Comp and has work experience of 2 yrs as a programmer in India. She came last year on F2 and applied for H1 this year but She didn't get selected in the lottery. Someone told her that she can apply for jobs in universities and they do H1 (no cap).
Can someone tell us that this is true? and also suggest us where else can she try looking for jobs? Are all the Not-for-Profit organizations same in terms of doing H1 (no cap)?
I appreciate any suggestions and thanks in advance.
yes of course
All US universities and Hospitals are non-cap
the pay is less but jobs is more stable and the university will file the visa paperwork(no lawyers fees)
changing to cap-subject requires a regular oct-dependent h1b visa again
My wife has MSc in Comp and has work experience of 2 yrs as a programmer in India. She came last year on F2 and applied for H1 this year but She didn't get selected in the lottery. Someone told her that she can apply for jobs in universities and they do H1 (no cap).
Can someone tell us that this is true? and also suggest us where else can she try looking for jobs? Are all the Not-for-Profit organizations same in terms of doing H1 (no cap)?
I appreciate any suggestions and thanks in advance.
yes of course
All US universities and Hospitals are non-cap
the pay is less but jobs is more stable and the university will file the visa paperwork(no lawyers fees)
changing to cap-subject requires a regular oct-dependent h1b visa again
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