amitga
06-22 07:06 PM
Google is your best friend:
http://chennai.usconsulate.gov/b-1-lh.html
http://chennai.usconsulate.gov/b-1-lh.html
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uslegals
12-20 02:00 PM
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
Canadianindian
07-22 06:34 PM
If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)
Confirm with the co lawyer also.
Thanks for the info. I may be indeed move prior to six months of filing of 485. Meaning, I recently filed my 485 on July 2nd, and am planning on moving by August 30th.
Does this mean that I can move to a different state as long as my employer issues a letter stating that they would hire me back in the original location at the time of issuance of GC?
Also, what does Amending the H1-B mean? And, would it involve much effort and complications, and would I have to file for the 140 and 485 again?
Confirm with the co lawyer also.
Thanks for the info. I may be indeed move prior to six months of filing of 485. Meaning, I recently filed my 485 on July 2nd, and am planning on moving by August 30th.
Does this mean that I can move to a different state as long as my employer issues a letter stating that they would hire me back in the original location at the time of issuance of GC?
Also, what does Amending the H1-B mean? And, would it involve much effort and complications, and would I have to file for the 140 and 485 again?
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rajeev_74
12-02 12:52 AM
Are you EB3?
more...
solaris27
01-29 09:19 AM
1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ? No chance - i did for me and got GC .
2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE? consulate BC is NOT enough .
3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
NO
4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ? no
2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE? consulate BC is NOT enough .
3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
NO
4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ? no
IneedAllGreen
09-22 10:45 PM
I would suggest to stay with your employer and get your I-140 done through premium processing . Once I-140 done then transfer H1B with new employer and start new GC processing too.
I highly appreciate your advice. It sads that you had to go throught GC process so many times. In fact this is my third I-140 too. The first two never got approved due to silly administartive errors on employers part ( old check and job notice at wrong site) and I had to abandon them.
One of the other fix I have is : if I should leave my present job or not , as my fear of loosing job might just be in mind. I am wondering, if worse comes to worse and if I loose job with an approved I-140, will I be able to secure job with another employer and use this I-140 to get an extension. I am a Physical Therapist and EB-2 positions are hard to come by in the state I am in. I want to take the risk to stay with this employer and take my chances. But I also want to have a back plan ( premium processing I-140).I dont know if it can work. Please share your thoughts.
I highly appreciate your advice. It sads that you had to go throught GC process so many times. In fact this is my third I-140 too. The first two never got approved due to silly administartive errors on employers part ( old check and job notice at wrong site) and I had to abandon them.
One of the other fix I have is : if I should leave my present job or not , as my fear of loosing job might just be in mind. I am wondering, if worse comes to worse and if I loose job with an approved I-140, will I be able to secure job with another employer and use this I-140 to get an extension. I am a Physical Therapist and EB-2 positions are hard to come by in the state I am in. I want to take the risk to stay with this employer and take my chances. But I also want to have a back plan ( premium processing I-140).I dont know if it can work. Please share your thoughts.
more...
mpillai
05-08 09:40 PM
Many qualified for EB1 need not necessarily be already in EB1.
Possible reasons are:
1. Unawareness at the time of filing (just followed what attorney said).
2. Was not in a hurry for GC, so just followed attorney.
3. Thought that EB1 might be a complicated case (even though genuinely eligible), and just filed EB2, never thought it will retrogress that bad.
4. The job requirement at that time didn't need an EB1-qualification.
You will be surprised to see how many PhD and MS candidates and researchers are in EB3.
just wondering
How gaining so much experience or education is possible in such a short amount of time?
No , I'm not jelous or anything. Please don't misunderstand.
EB1 requires very high education. Right?
just wondering. I 'm ready to work hard. Just need direction?
How people do it. Do they take a MBA/PHD?
Thanks
Possible reasons are:
1. Unawareness at the time of filing (just followed what attorney said).
2. Was not in a hurry for GC, so just followed attorney.
3. Thought that EB1 might be a complicated case (even though genuinely eligible), and just filed EB2, never thought it will retrogress that bad.
4. The job requirement at that time didn't need an EB1-qualification.
You will be surprised to see how many PhD and MS candidates and researchers are in EB3.
just wondering
How gaining so much experience or education is possible in such a short amount of time?
No , I'm not jelous or anything. Please don't misunderstand.
EB1 requires very high education. Right?
just wondering. I 'm ready to work hard. Just need direction?
How people do it. Do they take a MBA/PHD?
Thanks
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MrDesi
02-07 06:04 PM
Mr Desi - Here is my take on this. Most 485 questions will come up at the time of applying Visa stamp. The consulates dont like the fact that you filed 485.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
Thanks a Lot kshitijnt.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
Thanks a Lot kshitijnt.
more...
sanju_dba
01-07 02:17 PM
i see the estimate tool is showing
max weekly is $415
max benifits is $10k
I thought it was like 1/2 of your salary.
max weekly is $415
max benifits is $10k
I thought it was like 1/2 of your salary.
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vikaschowdhry
06-03 07:02 AM
Regarding Visa Camp, Chicago consulate's website says:
Applications from only US Passport holders will be accepted at the Visa Camps. No other consular service except visa will be provided at the Visa Camps.
Of course, if they have incomplete information on their website - this might be untrue and they might allow renewal of passports as well.
In any case, it seems to me that the expiration date on the passport should not be a huge concern for getting the H1B approved.
Applications from only US Passport holders will be accepted at the Visa Camps. No other consular service except visa will be provided at the Visa Camps.
Of course, if they have incomplete information on their website - this might be untrue and they might allow renewal of passports as well.
In any case, it seems to me that the expiration date on the passport should not be a huge concern for getting the H1B approved.
more...
mhathi
09-12 03:41 PM
my case was sent to TX office on 6/29 for 7/2 delivery and i checked online the receipt date was 7/31. dont know why. should be 7/2
but i got FP notice on 9/10 for appt dt = 9/25
hope this helps.
are you from MD? I received FP notice for 9/25 as well. just wondering.. maybe we will see each other if you are from Baltimore.
but i got FP notice on 9/10 for appt dt = 9/25
hope this helps.
are you from MD? I received FP notice for 9/25 as well. just wondering.. maybe we will see each other if you are from Baltimore.
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vdokka
09-12 09:59 AM
Hi Raj,
Thanks for your reply !
I appreciate your help.
Regards,
Krishna.
Thanks for your reply !
I appreciate your help.
Regards,
Krishna.
more...
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ski_dude12
12-01 11:40 PM
We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005 (EB2). ND is September 05, 2007.
Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?
Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?
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bharol
10-09 07:26 PM
Anyone?
Thanks
They are reloading. ;)
Thanks
They are reloading. ;)
more...
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jsb
11-14 11:51 AM
EAD and AP for me and spouse are online. I-485's are still not online, although FP notices are received.
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Leo07
11-29 06:51 PM
Your's is a tricky situation.
First gather all the documents you have and would be necessary to convince the consular...to prove yours is a minor offence and done with out much knowledge of the system... blah blah blah...
Secondly, find out how long the offence will stay in your record...no clue what you did and don't want to know either.
Third, weigh your options...and take a risk if you should.
I am an F1 grad student - I was planning on going home this winter, and while there I would have to renew my visa so as to be able to re-enter the US.
However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?
It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.
Any advice would be greatly appreciated.
First gather all the documents you have and would be necessary to convince the consular...to prove yours is a minor offence and done with out much knowledge of the system... blah blah blah...
Secondly, find out how long the offence will stay in your record...no clue what you did and don't want to know either.
Third, weigh your options...and take a risk if you should.
I am an F1 grad student - I was planning on going home this winter, and while there I would have to renew my visa so as to be able to re-enter the US.
However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?
It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.
Any advice would be greatly appreciated.
more...
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EB3_SEP04
06-30 09:21 AM
If I were you, I would decide office by Receipt Number EAC/LIN
Thanks Johnamit, my EAD card # starts with "WAC" which is for "California service Center"
Thanks Johnamit, my EAD card # starts with "WAC" which is for "California service Center"
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billu
08-23 08:47 PM
H4 visa is the worst possible visa in the world.anytime you file for a h4 visa, there is no premium processing and it usually takes 4-6 months for approval. you cannot work on h4 visa and you are dependent on your spouse. as soon as possible, switch to F1 visa. benefits of F1 visa:
she will have her own status (in future, god forbid, if you lose ur job, you can always stay in US on F2 until you find another job)
she can earn on-campus (20hrs/week) and can have a SSN
after graduation, she will get OPT which will allow her to work immediately after graduation
Some Univs also offer CPT after 9 months of enrollment on which you can work fulltime if your schedule allows (several of my friends started working full time on CPT and took online/weekend courses)
you can get ALL in-state benefits on F1 that you would on H4. as long as you can demonstrate that she has been in the state for more than 6 months/1 year (depending on the state)
Get rid of h4 as soon as possible. that is the worst visa which has kept thousands of professional well qualified persons jobless for years!!
she will have her own status (in future, god forbid, if you lose ur job, you can always stay in US on F2 until you find another job)
she can earn on-campus (20hrs/week) and can have a SSN
after graduation, she will get OPT which will allow her to work immediately after graduation
Some Univs also offer CPT after 9 months of enrollment on which you can work fulltime if your schedule allows (several of my friends started working full time on CPT and took online/weekend courses)
you can get ALL in-state benefits on F1 that you would on H4. as long as you can demonstrate that she has been in the state for more than 6 months/1 year (depending on the state)
Get rid of h4 as soon as possible. that is the worst visa which has kept thousands of professional well qualified persons jobless for years!!
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paskal
09-29 12:30 PM
Nothing sensational here. But it does affect me and all the physicians who have pending NIW based I-485.
I have finished 5 years of NIW service for physician and waiting for visa number (PD 9-2004). I have a conrad 30 related I-140 (approved) / I-485 (pending).
it is of no help- the extension allows NEW applications. i do not see what it has to do with 485 processing- honestly this seems like gibberish to me.
here is the only way it makes sense: new NIW applicants that need a waiver can now apply under conrad and simeltaneously file for NIW and IF current they can file an AOS and get their spouses an EAD.
extension of conrad is an extension of a "J1 waiver"- nothing to do with NIW per se although we do need the waiver to prsues an NIW.
the one good thing here is that the limited extension means that congress ahs to return to this issue before march and so conrad will come up for discussion again. this from my pov is great! had they done a 5 year extension, we would not have got another quick shot at trying to get quota exmeptions. now..we need to be ready and work with the Senator's office on this....
btw gg- i got a letter from uscis confirming that my 5 year docs were received and verified and my AOS was considered "ready for processing". it does not help that my PD is not current of course, but it does confirm their acceptance of my 5 year completion!
I have finished 5 years of NIW service for physician and waiting for visa number (PD 9-2004). I have a conrad 30 related I-140 (approved) / I-485 (pending).
it is of no help- the extension allows NEW applications. i do not see what it has to do with 485 processing- honestly this seems like gibberish to me.
here is the only way it makes sense: new NIW applicants that need a waiver can now apply under conrad and simeltaneously file for NIW and IF current they can file an AOS and get their spouses an EAD.
extension of conrad is an extension of a "J1 waiver"- nothing to do with NIW per se although we do need the waiver to prsues an NIW.
the one good thing here is that the limited extension means that congress ahs to return to this issue before march and so conrad will come up for discussion again. this from my pov is great! had they done a 5 year extension, we would not have got another quick shot at trying to get quota exmeptions. now..we need to be ready and work with the Senator's office on this....
btw gg- i got a letter from uscis confirming that my 5 year docs were received and verified and my AOS was considered "ready for processing". it does not help that my PD is not current of course, but it does confirm their acceptance of my 5 year completion!
insbaby
08-15 08:21 AM
How come most of the 2006 PD holders getting approved? I do not have any grudge against who have 2006 PD and got their AOS approved. I am just wondering as to what is making USCIS to choose only 2006 PD ? Definitely, the low hanging fruits theory does not seem to be working here. Anybody has any idea about that ? I am just frustrated.
Because 2006 is CURRENT.
You probably have to wait for your YEAR to become CURRENT.
Because 2006 is CURRENT.
You probably have to wait for your YEAR to become CURRENT.
Wish_Good
05-07 01:00 AM
Morchu's suggestion is a very good one. You file for a premium H1 with all the documentation and new approved I140. Can you share why your previous 485 was rejected?
-cheers
kris
Hi Krishnam70,
Here is my complete details:
Company A:
I was on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
I-485 Denied on June 26th, 2008(Denied because I-140 was denied).
Applied for MTR (I-120 B)for I-140. But denied again on Feb, 2009.
Applied one more MTR (appeal)for I-140 on March 13th, 2009 (check cashed by USCIS.. receipt copy not yet received).
Company B:
This Company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
H1 approved for this Company in July 2008 (Valid upto July 13th 2009).
Joined this company in Aug 2008
I-140 approved with this company Jan 2009.
Jan 23, 2009 H1 extension applied... Got denial notice on 30th march 2009 (dt.mar24, 2009)
Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act.
Applied MTR(Appeal) on this H1 Denail and got Receipt. Waiting for response.
Thanks
Wish_Good.
-cheers
kris
Hi Krishnam70,
Here is my complete details:
Company A:
I was on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
I-485 Denied on June 26th, 2008(Denied because I-140 was denied).
Applied for MTR (I-120 B)for I-140. But denied again on Feb, 2009.
Applied one more MTR (appeal)for I-140 on March 13th, 2009 (check cashed by USCIS.. receipt copy not yet received).
Company B:
This Company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
H1 approved for this Company in July 2008 (Valid upto July 13th 2009).
Joined this company in Aug 2008
I-140 approved with this company Jan 2009.
Jan 23, 2009 H1 extension applied... Got denial notice on 30th march 2009 (dt.mar24, 2009)
Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act.
Applied MTR(Appeal) on this H1 Denail and got Receipt. Waiting for response.
Thanks
Wish_Good.
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