raysaikat
08-22 02:48 AM
Thanks for your suggestions - minimalist,prem_goel,gconmymind.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.
4) Can they ask for more details like client letter,etc - chennai
Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.
4) Can they ask for more details like client letter,etc - chennai
Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.
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obviously
12-08 10:57 AM
- make sure that you identify yourself and your LEGAL status
- consider using following 'talking points' to reframe the dialog
- focus on these underlying interests to make it clear that the dialog has many facets and there is common ground with larger interests
- be personable, nice and kind
- good luck and all the best!!
In support of SKIL and other relief measures for High Skilled Immigrants:
NATIONAL & ORGANIZATIONAL COMPETITIVENESS - Will a capitalist country like America support the notion that a worker's 'country of origin' matters more on the job than 'meritrocracy, hard work and results'?
HARD TO BELIEVE? Just look at US companies and universities are unable to freely deploy and redeploy high skill knowledge workers that can help them meet the organizations' economic objectives and US competiteveness interests! Knowledge work knows no national boundaries. Preserve high skill work within the US regardless of workers' country of origin and help preserve high tax and social security contribution within the US!
CAPITALISM & FREE MARKETS - Will a democracy like America support the notion that 'indentured servitude' by highly skilled labor is acceptable in a nation of the 'brave and free' where notions of indentured servitude was outlawed in the 20th century?
HARD TO BELIEVE? Just look at H1B's stuck in companies and jobs for years with uncertainty where they cannot freely participate in the economic development and progress of this country. They are, for all practical purposes, tied to the yoke until their Green Cards are available.
HUMAN RIGHTS & WOMEN RIGHTS - Will a leading Human Rights supporter like America support the notion that 'women should be forced to sit at home' only because they are spouses of highly skilled labor and hence have to be 'forced to have babies because they are on a H4'?
HARD TO BELIEVE? Just look at women of H1B workers, many with advanced education and work experience, stuck at home and at risk for social, psychological and physiological degradation and abuse only because they are trapped within the 4 walls and cannot participate freely in the land of opportunity and hard work? They are, for all practical purposes, subject to the restrictions of the Middle-Ages women/wives that were forced out of opportunity and development.
It is EASY to get misled by hype and hyperbole when talking about immigration. For a land built by immigration, the very title cannot and should not become a lightening rod!
Respected elected official, I urge you, beg you, beseech of you to consider the net-economic value and social value that we, the highly skilled immigrant workforce continue to bring to the USA.
We seek neither entitlement nor social promotion
We seek no social service
We seek no special treatments
We just ask that you be aware of the above pain points and bring much needed relief to legal, law-abiding, tax-paying and country-loving knowledge workers and help retain their passion, energy, jobs and taxes within the USA!
History shows us that the nation was not built on artificial promises of protectionism. The spirit of bold vision, free adventure and hard work built this nation into its pre-eminent position. Will you, respected leader, help continue to cherish and support this hoary tradition?
- consider using following 'talking points' to reframe the dialog
- focus on these underlying interests to make it clear that the dialog has many facets and there is common ground with larger interests
- be personable, nice and kind
- good luck and all the best!!
In support of SKIL and other relief measures for High Skilled Immigrants:
NATIONAL & ORGANIZATIONAL COMPETITIVENESS - Will a capitalist country like America support the notion that a worker's 'country of origin' matters more on the job than 'meritrocracy, hard work and results'?
HARD TO BELIEVE? Just look at US companies and universities are unable to freely deploy and redeploy high skill knowledge workers that can help them meet the organizations' economic objectives and US competiteveness interests! Knowledge work knows no national boundaries. Preserve high skill work within the US regardless of workers' country of origin and help preserve high tax and social security contribution within the US!
CAPITALISM & FREE MARKETS - Will a democracy like America support the notion that 'indentured servitude' by highly skilled labor is acceptable in a nation of the 'brave and free' where notions of indentured servitude was outlawed in the 20th century?
HARD TO BELIEVE? Just look at H1B's stuck in companies and jobs for years with uncertainty where they cannot freely participate in the economic development and progress of this country. They are, for all practical purposes, tied to the yoke until their Green Cards are available.
HUMAN RIGHTS & WOMEN RIGHTS - Will a leading Human Rights supporter like America support the notion that 'women should be forced to sit at home' only because they are spouses of highly skilled labor and hence have to be 'forced to have babies because they are on a H4'?
HARD TO BELIEVE? Just look at women of H1B workers, many with advanced education and work experience, stuck at home and at risk for social, psychological and physiological degradation and abuse only because they are trapped within the 4 walls and cannot participate freely in the land of opportunity and hard work? They are, for all practical purposes, subject to the restrictions of the Middle-Ages women/wives that were forced out of opportunity and development.
It is EASY to get misled by hype and hyperbole when talking about immigration. For a land built by immigration, the very title cannot and should not become a lightening rod!
Respected elected official, I urge you, beg you, beseech of you to consider the net-economic value and social value that we, the highly skilled immigrant workforce continue to bring to the USA.
We seek neither entitlement nor social promotion
We seek no social service
We seek no special treatments
We just ask that you be aware of the above pain points and bring much needed relief to legal, law-abiding, tax-paying and country-loving knowledge workers and help retain their passion, energy, jobs and taxes within the USA!
History shows us that the nation was not built on artificial promises of protectionism. The spirit of bold vision, free adventure and hard work built this nation into its pre-eminent position. Will you, respected leader, help continue to cherish and support this hoary tradition?
optimystic
09-11 01:40 PM
....the other F - the way they have been treating us ;)
so the letter should end with:
"PS: and pls dont F?%@ us up "
...just kidding, good thinking & good idea
:D :D
so the letter should end with:
"PS: and pls dont F?%@ us up "
...just kidding, good thinking & good idea
:D :D
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Vsach
10-06 10:49 AM
Dear All.
I have a couple of queries and would appreciate your guidance in the matter.
-I have an approved H1B extension but my H1B visa in the passport has expired. Presently I do not want to use my EAD. When travelling outside the country can I re-enter the US using my Advance Parole or do I have to get my H1B visa stamped in the passport.
-Our son is 15 years old. He does not have a social number as we did not apply for EAD. His H4Visa on the passport has expired. Now when he travels outside the country, can he use his travel document. How does it work, or does he have to maintain his H4 status and get his visa stamped. Please advise.:)
Regards
I have a couple of queries and would appreciate your guidance in the matter.
-I have an approved H1B extension but my H1B visa in the passport has expired. Presently I do not want to use my EAD. When travelling outside the country can I re-enter the US using my Advance Parole or do I have to get my H1B visa stamped in the passport.
-Our son is 15 years old. He does not have a social number as we did not apply for EAD. His H4Visa on the passport has expired. Now when he travels outside the country, can he use his travel document. How does it work, or does he have to maintain his H4 status and get his visa stamped. Please advise.:)
Regards
more...
I_need_GC
07-24 01:16 PM
But I have heard of instances where employers have used previously approved labor on new employees other than the person it was approved for?
You do not loose your priority date even if the old employer revokes the 140.
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
You do not loose your priority date even if the old employer revokes the 140.
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
sunny26
08-02 04:40 PM
Hi
I dont understand what is the good news in this.EB3 may 2001? what is good in that?
Am i missing something?
EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.
For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.
Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.
Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.
One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
I dont understand what is the good news in this.EB3 may 2001? what is good in that?
Am i missing something?
EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.
For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.
Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.
Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.
One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
more...
Googler
02-15 12:06 AM
Btw, apparently the law firm that argued the case for Mocanu and the others was: Orlow, Kaplan and Hohenstein (http://www.orlow.com/index.htm).
Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.
Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.
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alterego
09-15 01:32 PM
Clearly they felt putting EB2 india PD at Jan 2003 created too much of a flow. So they made it unavailable for a while then backed up 6 months with this new quota.
My view is with the coming deluge of Labours from the BECs and the promised pick up in the pace of 140 adjudications, those of us in EB2 will be very lucky if we see a month for month movement in priority dates. I suspect you could count yourself lucky if you get to file for 485 in this fiscal year.
EB india's situation is truly that bad. The bulge in applications in 2002-2005 is so huge that I feel that absent legislation the dates may move at best 4 months per year for the next few years.
Just think that 40K green cards went to India last year and this year it will not exceed 10K by much. That was before BECs.
It is a truly daunting situation.
I however do feel there will be some solution to this mess within the next year with some sort of legislation that corporate america will push.
My view is with the coming deluge of Labours from the BECs and the promised pick up in the pace of 140 adjudications, those of us in EB2 will be very lucky if we see a month for month movement in priority dates. I suspect you could count yourself lucky if you get to file for 485 in this fiscal year.
EB india's situation is truly that bad. The bulge in applications in 2002-2005 is so huge that I feel that absent legislation the dates may move at best 4 months per year for the next few years.
Just think that 40K green cards went to India last year and this year it will not exceed 10K by much. That was before BECs.
It is a truly daunting situation.
I however do feel there will be some solution to this mess within the next year with some sort of legislation that corporate america will push.
more...
xgoogle
07-20 11:27 AM
We applied for her AP renewal on July 1st 2009 and on the status page, it says approval notice sent on July 16th. At the same time I also see a soft LUD on her I-485. The new date is 07/15/2009 but no status update. Are these two events connected or is someone actually looking at her I-485? Note, she is not current per priority date, however Texas processing times have been updated recently.
Any comments?
Any comments?
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ksiddaba
01-30 10:04 AM
Hello:
From Dallas Metroplex (Richardson) TX. Count me in.
Thanks
Kalyan.
PS: Already contributing $20/month.
From Dallas Metroplex (Richardson) TX. Count me in.
Thanks
Kalyan.
PS: Already contributing $20/month.
more...
samcam
05-19 03:56 PM
Welcome to our newest member, gmpa
I think I missed a couple of you..
I think I missed a couple of you..
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2008FebEb2
09-22 11:28 AM
Not many cases in 2007 and 2008.
Looks like people got p1ssed off and not applying anymore in EB2 2008:p
Looks like people got p1ssed off and not applying anymore in EB2 2008:p
more...
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iptel
09-21 01:12 PM
I look at wam4wam suggestion as a sound strategy. Its all about putting carrot to get our job done...
Core team member should give some serious thought to this sugestion..
i
the other glimmer of hope in all this is the house has inadverently left out the fact on how they are going to fund the building of the wall
it is here that we step in...
fees for filing I485 for people under SKIL
fees for being able to file 485 before visa numbers
etc etc etc
we have to take advantage of this opportunity
in the mean while....SEND FAXES ABOUT SKIL BILL
Core team member should give some serious thought to this sugestion..
i
the other glimmer of hope in all this is the house has inadverently left out the fact on how they are going to fund the building of the wall
it is here that we step in...
fees for filing I485 for people under SKIL
fees for being able to file 485 before visa numbers
etc etc etc
we have to take advantage of this opportunity
in the mean while....SEND FAXES ABOUT SKIL BILL
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ihabosman
08-13 09:15 PM
ihabosman and MUKRAW6,
Do any of you guys have a TSC approved I140??????????????
THANKSSSSSSSSSS for your REPLY
No. My I-140 was approved in 2006 by NSC .....
Do any of you guys have a TSC approved I140??????????????
THANKSSSSSSSSSS for your REPLY
No. My I-140 was approved in 2006 by NSC .....
more...
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guesswho
03-13 04:58 PM
Why is your lawyer is advising that? If you are maintaining H1/H4 status, you can absolutely go to India, get ur H1/H4 stamped and come back. I did that in Jan 2008 (my I-485 was pending and I had not applied for AP/EAD at that time. The consulate knew I had a pending I-485 application as I indicated that on the visa form), got my visa stamped and came back on H1B.
The drawbacks I can think of -
- ur H1 is delayed pending any kind of checks, then you don't have ur AP to rely on.
- I don't know how it will affect your pending AP application.
HI fellow members..
I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.
So after 2 years they still have not given me a valid AP document. I refiled again last week.
I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.
Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.
My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.
Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??
Pls take a moment to reply
The drawbacks I can think of -
- ur H1 is delayed pending any kind of checks, then you don't have ur AP to rely on.
- I don't know how it will affect your pending AP application.
HI fellow members..
I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.
So after 2 years they still have not given me a valid AP document. I refiled again last week.
I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.
Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.
My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.
Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??
Pls take a moment to reply
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tonyHK12
11-09 02:18 PM
I am sure many of you would agree with the below observations -
I lost money in the 2001 stock market because I believed that the market could never down based on all the glorious research reports..
I lost money again in 2005 as I bought a house believing that a house value can only go up, again reading all the real estate boom that was happening around.
Now, I keep reading that the Indian market is oh-so good that everyone should go back to India to live in the villas and ride around in the chauffeured cars:)
Hmm, as always, I have been the last one to get on the boat before it went under. So, with all pun intended, what Indian ETF should I start investing and when should I buy my one-way ticket :rolleyes:
As my mom always says - Mountains always look smooth from a distance. This time I think I will stay put and wait it out for my GC..
Agreed it is not good to blindly trust the media. Stocks, housing, 401K - financial institutions have a vested interest in getting a bulk of your investments and are big political contributors and fund some media outlets.
But who would benefit if a reputed London company talks against US immigration, not the UK. This is not even an Indian news paper.
But your GC is close anyway so its good to wait, but try to find an unbaised opinion, only your friends and relatives may be able to help you out with reality.
I lost money in the 2001 stock market because I believed that the market could never down based on all the glorious research reports..
I lost money again in 2005 as I bought a house believing that a house value can only go up, again reading all the real estate boom that was happening around.
Now, I keep reading that the Indian market is oh-so good that everyone should go back to India to live in the villas and ride around in the chauffeured cars:)
Hmm, as always, I have been the last one to get on the boat before it went under. So, with all pun intended, what Indian ETF should I start investing and when should I buy my one-way ticket :rolleyes:
As my mom always says - Mountains always look smooth from a distance. This time I think I will stay put and wait it out for my GC..
Agreed it is not good to blindly trust the media. Stocks, housing, 401K - financial institutions have a vested interest in getting a bulk of your investments and are big political contributors and fund some media outlets.
But who would benefit if a reputed London company talks against US immigration, not the UK. This is not even an Indian news paper.
But your GC is close anyway so its good to wait, but try to find an unbaised opinion, only your friends and relatives may be able to help you out with reality.
more...
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BharatPremi
03-17 03:57 PM
did anyone get reimbursed for the medical exams - physicals and vaccinations?
i am having a hard time getting my provider submit the claims to the insurance company.
If your primary physician "advises" you to go through the "same" tests then insurance companies will have to pay.
i am having a hard time getting my provider submit the claims to the insurance company.
If your primary physician "advises" you to go through the "same" tests then insurance companies will have to pay.
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fxok425
01-09 11:44 PM
Are you joking? Then I will ask my husband apply for NIW. I hate my job!!!! Can not stand woking in this profession full time for another 5 years!!!!!
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ck_b2001
06-07 11:32 AM
I recently renewed my license in Oklahoma and was surprised to find out that on top of shorter expiration date, now my license has �TEMPORARY� written across it. This is new rule that OK is applying for non-residents and non-citizens. Has any body else gone thru similar experience? I am outraged that now I will be discriminated every where. DL is used on day to day basis and every body will question me, suspect me as to why �TEMPORARY� is written on my DL. Even DL office was not sure when this new rule was implemented, how come police officers, general public will know about it. I feel ashamed to even show my DL now. I�ll get hard time getting loans etc b/c people will think I may move out any time as I am here �Temporarily�
Is it only Oklahoma or other states are doing the same? See the link below from official DPS link for sample of DL.
http://www.dps.state.ok.us/
Is it only Oklahoma or other states are doing the same? See the link below from official DPS link for sample of DL.
http://www.dps.state.ok.us/
sduddukuri
04-01 02:38 PM
We went to India and got our visa stamped from chennai. Thank you all for all the help
surya.kant
06-19 01:30 PM
Hello Unseenguy,
Thanks for the reply.
I forgot to mention that i was already on h1 before so i dont fall under H1CAP. This is the reason i applied for H1 from h4 as previously i was on H1B
You are not subject to H1 cap, since you had been on H1 status in last 6 years. However, H1 portablity applies only for H1-to-H1 transfer.
Your H1 petition is approved. You need to get H1 visa from consulate.
Surya.
Thanks for the reply.
I forgot to mention that i was already on h1 before so i dont fall under H1CAP. This is the reason i applied for H1 from h4 as previously i was on H1B
You are not subject to H1 cap, since you had been on H1 status in last 6 years. However, H1 portablity applies only for H1-to-H1 transfer.
Your H1 petition is approved. You need to get H1 visa from consulate.
Surya.
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