ddeka
12-31 09:20 AM
Hi,
I just came back from India with my wife and daughter. I am also on H1B extension. Got my EAD, AP few months back. Please see below reply to your questions..
I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:
1. Should I apply for AP for both of us? Yes you should - makes life easier while travelling outside
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport? NO - You can travel anywhere using AP. Also you can still continue working on H1B until and unless you take a new job using EAD.
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time? Tell them you are traveling on AP as you are adjusting your status. They will just see your AP. Thats it. While entering in US, tell immigration officer that you are traveling on AP - he will check you passport and AP and then you will be escorted to a room where your AP will be stamped and will return once stamped. Then your are all set. They will let you come in. They might ask one or two casual questions like how many days your were in India, what was the purpose of travel etc..(giving example of India as I am from India) - nothing more than that..
Your help is greatly appericated.
Thank you.
I just came back from India with my wife and daughter. I am also on H1B extension. Got my EAD, AP few months back. Please see below reply to your questions..
I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:
1. Should I apply for AP for both of us? Yes you should - makes life easier while travelling outside
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport? NO - You can travel anywhere using AP. Also you can still continue working on H1B until and unless you take a new job using EAD.
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time? Tell them you are traveling on AP as you are adjusting your status. They will just see your AP. Thats it. While entering in US, tell immigration officer that you are traveling on AP - he will check you passport and AP and then you will be escorted to a room where your AP will be stamped and will return once stamped. Then your are all set. They will let you come in. They might ask one or two casual questions like how many days your were in India, what was the purpose of travel etc..(giving example of India as I am from India) - nothing more than that..
Your help is greatly appericated.
Thank you.
Wish_Good
05-05 12:41 AM
Hi Morchu,
Thanks for you reply.
Yes you replied to my question in other Thread... but you thought I did't exhausted my 6 years...
Yes Please. File an h1 extension NOW. (Premium or not premium doesn't matter much, since you are in H1 status all the time, with proper pay-stubs and all.)
But having an H1 is especially safe in this particular situation.
I assume you have not exhausted your 6 year limit.
But Iam already in 7th year. Based on my situation I want to make sure whether Iam eligible or not for applying one more H1 while other (H1 appeal is pending). So I posted my request here too.
Thanks again Morchu for your responses.
Thanks for you reply.
Yes you replied to my question in other Thread... but you thought I did't exhausted my 6 years...
Yes Please. File an h1 extension NOW. (Premium or not premium doesn't matter much, since you are in H1 status all the time, with proper pay-stubs and all.)
But having an H1 is especially safe in this particular situation.
I assume you have not exhausted your 6 year limit.
But Iam already in 7th year. Based on my situation I want to make sure whether Iam eligible or not for applying one more H1 while other (H1 appeal is pending). So I posted my request here too.
Thanks again Morchu for your responses.
go_guy123
06-30 08:29 PM
Hi!
My mom's a Gynecologist. She got her MBBS and MS from India in 1978. She has been working in India since then.
How can she start practicing in the United States? I have absolutely NO idea. I have heard about the USMLE Exam, but is it necessary for a person with 25+ years of experience? Will she have to do her medical-residency AGAIN?
Please advise.
This seems like a bogus post. There are lots of information on the net.
My mom's a Gynecologist. She got her MBBS and MS from India in 1978. She has been working in India since then.
How can she start practicing in the United States? I have absolutely NO idea. I have heard about the USMLE Exam, but is it necessary for a person with 25+ years of experience? Will she have to do her medical-residency AGAIN?
Please advise.
This seems like a bogus post. There are lots of information on the net.
PDOCT05
10-29 12:32 PM
Pls check the fees to be sent with new application, you might have to send the new fees. consult your lawyer
Thanks much for all your suggestions..i will inform lawyer about this.,
Thanks much for all your suggestions..i will inform lawyer about this.,
more...
dan19
08-22 04:42 PM
I am keeping my fingers crossed as there are so many rejections from Nebraska center nowadays.....
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You should be Ok. Usually the job req. list the "minimun" job requirements. If you are overqualified that is fine.
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You should be Ok. Usually the job req. list the "minimun" job requirements. If you are overqualified that is fine.
surabhi
04-14 01:41 PM
As per suggestion by members of the forum, I am planning on using a good attorney to file my appeal.
The new attorney for my company is 'Law Offices of Slowik & Robinson LLC' (http://www.s-r-law.com/) based in Columbus, OH and is supposedly very reputable and well known.
If you guys have heard of them or know about them, please drop a few lines here. This will help me make a decision as to stay with the new company attorney or go to much bigger firms like Murthy LLC.
Thanks.
Regardless of the attorney you employ, it is important to ensure you are completely clued in and has visibility into the process. Its even more important in the situation you are in.
You should be completely versed with your case, options available, reperucssions.. everything. Only then you can have meaningful conversation with attorney about your concerns.
It is very difficult with para legals not providing timely information, neverthless you should look for firm that treats clilents with respect.
The new attorney for my company is 'Law Offices of Slowik & Robinson LLC' (http://www.s-r-law.com/) based in Columbus, OH and is supposedly very reputable and well known.
If you guys have heard of them or know about them, please drop a few lines here. This will help me make a decision as to stay with the new company attorney or go to much bigger firms like Murthy LLC.
Thanks.
Regardless of the attorney you employ, it is important to ensure you are completely clued in and has visibility into the process. Its even more important in the situation you are in.
You should be completely versed with your case, options available, reperucssions.. everything. Only then you can have meaningful conversation with attorney about your concerns.
It is very difficult with para legals not providing timely information, neverthless you should look for firm that treats clilents with respect.
more...
vikaschowdhry
06-02 06:55 AM
My spouse's employer will apply for her H1B shortly (she is on F1 right now). Her passport expires in March 2007 but the Indian consulate does not allow you for a renewal earlier than 6 months of the expiration date.
Does USCIS have any requirements for validity dates for passport when application for H1B is sent?
Does USCIS have any requirements for validity dates for passport when application for H1B is sent?
up_guy
01-07 09:01 PM
Memphis TN..
Please add me in local chapter
Please add me in local chapter
more...
Rockford
08-28 10:06 AM
thanks munnabhai. I have read somewhere that if I/140 is approved and visa is unavailable then H1 can be extended for 3 yrs. Correct me if its not true.
Eligible for 3 years if I140 is approved and you can't file I485 because of retrogression. But you said , you had already filed I485. I doubt you are eligible for 3 year extension.
Eligible for 3 years if I140 is approved and you can't file I485 because of retrogression. But you said , you had already filed I485. I doubt you are eligible for 3 year extension.
tanu_75
02-09 03:43 AM
The only diff b/w these illegals vs legals is education. These illegals r uneducated and dont fear law and can go to any extent as opposed to legals who're well educated. At the same time, the Tri-valley situation brings to the fore the credibility of educated indians too!!! All those students came to US "legally" but started violating the law from the word GO by working at Gas stations, Mc Donalds etc...to make ends meet. Infact some even got in very well knowing that it was not completely legal as the guy from the university who was bringing ppl was a desi who worked for the university and forged fake documents for the students.
Overall, the Indian immigrant's image is at stake right now and this might lead to enforcing new laws against legal immigrants (read scrutiny, queries etc...)
Spot on. Pretty sure at least some of the students were complicit, even though on the news everybody claims innocence. How hard is it to get information about a university in the Bay area, seriously? Everyone in India knows someone living in the Bay area. I guess if legal immigrants are getting involved in rackets like Trivalley, then it's logical that either the laws have to be enforced or they need to be changed.
Overall, the Indian immigrant's image is at stake right now and this might lead to enforcing new laws against legal immigrants (read scrutiny, queries etc...)
Spot on. Pretty sure at least some of the students were complicit, even though on the news everybody claims innocence. How hard is it to get information about a university in the Bay area, seriously? Everyone in India knows someone living in the Bay area. I guess if legal immigrants are getting involved in rackets like Trivalley, then it's logical that either the laws have to be enforced or they need to be changed.
more...
nixstor
09-27 02:27 PM
That was a joke. I agree that DH on LD's show might help us. Your post sounded like DH should try to be on LD's show. No worries.
.jpg "Beyonce Knowles up for MOBO")
Saralayar
07-08 07:09 PM
Depends on what you are looking for and what your priorities are:
1) Ask what work you will get? Ask to speak with the team members of the team you will work with and get your role clarified.
2) compensation. How much $$$$ they are paying more wrt current position or wrt other offers you may have in recent future.
3) As someone said correctly, get to know the work culture and the team make sure you don't end up being chained to work.
The advantage is that you can rise quickly (not much competition) & stable job.
So see whats important for you.
Guys, this forum is not the place to discuss about individual companies. If you have any questions related to immigration to US, you can start a thread for it.
Administrator, please delete this thread.
1) Ask what work you will get? Ask to speak with the team members of the team you will work with and get your role clarified.
2) compensation. How much $$$$ they are paying more wrt current position or wrt other offers you may have in recent future.
3) As someone said correctly, get to know the work culture and the team make sure you don't end up being chained to work.
The advantage is that you can rise quickly (not much competition) & stable job.
So see whats important for you.
Guys, this forum is not the place to discuss about individual companies. If you have any questions related to immigration to US, you can start a thread for it.
Administrator, please delete this thread.
more...
rsdang1
07-01 10:35 AM
I would encourage you to talk to a doctor of Indian origin. Also she may need to do a 3 year residency...
alex77
08-01 01:38 PM
She is one of the pro-immigration leader and deserves a Thank You. Updated her Wiki profile with the below:
'Congresswoman Zoe Lofgren has shown exemplary leadership and conviction when she made USCIS honor the decision of July 2007 Visa Bulletin and again accepting employment-based I-485 (Adjustment of Status) filings. USCIS had earlier reversed their decision and had stopped accepting the application for adjustment of status. With Zoe's timely involvement and pressure from pro-immigration skilled professionals, USCIS re-started acceping the applications and thus avoided a costly litigation against them.'
Please feel free to edit/append. :)
'Congresswoman Zoe Lofgren has shown exemplary leadership and conviction when she made USCIS honor the decision of July 2007 Visa Bulletin and again accepting employment-based I-485 (Adjustment of Status) filings. USCIS had earlier reversed their decision and had stopped accepting the application for adjustment of status. With Zoe's timely involvement and pressure from pro-immigration skilled professionals, USCIS re-started acceping the applications and thus avoided a costly litigation against them.'
Please feel free to edit/append. :)
more...
swo
08-03 07:46 PM
Yet more people trying to find a way to jump the queue, adding to the number of applications that need to be processed.
It never ends.
It never ends.
singhsa3
09-15 11:56 AM
Thats the whole Idea!
There is one more thread driving a similar initiative.
http://immigrationvoice.org/forum/showthread.php?t=21493
Why not get all of these threads and people together working on one target.
There is one more thread driving a similar initiative.
http://immigrationvoice.org/forum/showthread.php?t=21493
Why not get all of these threads and people together working on one target.
more...
dan19
02-20 10:30 AM
Hello all,
My I-140 (EB3) is already approved through my present company.
I am about to start the 6th year (final year) of my H1 soon. I want to change my job and apply through EB2 as EB3 has almost stopped moving.
My case is like this:
PD: 2002-Oct India/ROW
Category: EB3
H1 (6 year ends): June 2008
My questions are:
1. First and foremost - can I change my job as I am entering the 6th year of H1?
2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
Thanks,
Dan
My I-140 (EB3) is already approved through my present company.
I am about to start the 6th year (final year) of my H1 soon. I want to change my job and apply through EB2 as EB3 has almost stopped moving.
My case is like this:
PD: 2002-Oct India/ROW
Category: EB3
H1 (6 year ends): June 2008
My questions are:
1. First and foremost - can I change my job as I am entering the 6th year of H1?
2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
Thanks,
Dan
sathishav
03-01 02:07 PM
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
ThinkTwice
02-18 01:47 PM
I have my first GC interview next month. I had a DUI few years back that I forgot to mention in the 485 app as I thought this was a traffic related offense. I want to know what are my options now? My lawyer suggests I file for some kind of waiver and suggests I take an attorney with me to the interview. She also asked me to get court certified copies of the conviction and that I completed all the required tasks assigned by the court.
Is this going to affect my GC in anyway? I need some guidance here.
You have a lot of work ahead of you, first thing .. you should
- get a consultation with a good lawyer who specializes in these kind of cases and discuss your options.
- you have only one month to prepare so you should be aggressive about collecting all the documentation required for the interview. sites like trackiit have some threads that talk about documentation needed for DUI related interviews
- A straight forward DUI without any accidents etc should be ok, I have seen posts where people with DUI's have gone for and cleared the interviews, but your case is different you have not mentioned the DUI in your application.
Is this going to affect my GC in anyway? I need some guidance here.
You have a lot of work ahead of you, first thing .. you should
- get a consultation with a good lawyer who specializes in these kind of cases and discuss your options.
- you have only one month to prepare so you should be aggressive about collecting all the documentation required for the interview. sites like trackiit have some threads that talk about documentation needed for DUI related interviews
- A straight forward DUI without any accidents etc should be ok, I have seen posts where people with DUI's have gone for and cleared the interviews, but your case is different you have not mentioned the DUI in your application.
andy garcia
02-21 01:45 PM
Going back home is the only backup streategy. Probably everybody who is not contributing to IV, is depending on this backup plan.
What about the ones that cannot go back home?
We need skill bill.
What about the ones that cannot go back home?
We need skill bill.
meridiani.planum
07-19 02:10 PM
Hi Leoindiano:
What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.
my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.
Can you enlighten us little bit more.
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.
my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.
Can you enlighten us little bit more.
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
