Tshelar
01-02 02:11 PM
The consulate usually do need more info if you work for Pharmaceucatical or Biotech company. I work for a Pharmaecutical company and when I had gone for my Visa interview they were very specific to ask me if my work deals in any kind of research in chemicals etc. Since I work in the IT department and has nothing to do with reasearch they did not ask for any more info.
I think your wife should be fine if she furnishes the info that they need.
I think your wife should be fine if she furnishes the info that they need.
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augustus
10-08 07:42 PM
Interesting question! Logically, as soon as a H4 holder starts using EAD the H4 becomes invalid. As long as the primary is in valid H1B status, the dependent should be able get back to H4 status even if the 485 is denied.
However, I am not sure how someone can changes status from AOS (due to using EAD) to H4. May be getting out of the U.S. and come back as H4 again? Anybody has any idea?
I think this was my lawyer's contention too when she described to me about being in EAD as well as H-4. As long as my husband is in H-1, I would be in H-4 contrary to most discussions that take place here. I think USCIS, has no clear explanation for this situation!!
Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?
However, I am not sure how someone can changes status from AOS (due to using EAD) to H4. May be getting out of the U.S. and come back as H4 again? Anybody has any idea?
I think this was my lawyer's contention too when she described to me about being in EAD as well as H-4. As long as my husband is in H-1, I would be in H-4 contrary to most discussions that take place here. I think USCIS, has no clear explanation for this situation!!
Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?
chanduv23
05-11 11:32 AM
I Used their tool but sent the folllowing message
Greetings. My name is XXXXXXXXXXXXX. I
am a citizen of India and have been living in the United States for close
to 7 years on a H1b visa and work as a Senior Software Consultant catering
to various Ammerican clients and my employer is located in Irving, Texas.
My Green Card petition was filed by my employer under the EB2 category and
my I 140 petition has been approved, but I am unable to file for i485
(Adjustment of Status) because visa numbers are not available. My wife is
also on a H1b visa and is a first year resident physician at a Community
Hospital in Brooklyn, New York on a H1b visa.
Based on the fact that we have been law abiding tax paying legal
immigrants, we would like to reach out to you and let you know our issues.
Our main issue is career stagnation. Unavilability of visa number
(retrogression) locks us up with the same employer for years together and
does not allow us to grow careerwise and unable to make critical and life
decisions.
We duly understand that there is a 7% per country upper limit when
Visa numbers are allocated and the fact that India and China has been over
subscribed. These caps and limits are hurting us. STRIVE ACT and SKIL
Bill have provisions to raise the cap and we would like to support these
bills and the provisions.
High tech and health care are sectors where highly skilled immigrants
from all over the world are attracted to and want to contribute in the
best ways we can to pursue our American dream. We would like to contribute
to the growth and development of America in the best possible way. Please
support us and help us in our cause.
Sincerely,
XXXXXXXXXXX
718XXXXXXXX
Greetings. My name is XXXXXXXXXXXXX. I
am a citizen of India and have been living in the United States for close
to 7 years on a H1b visa and work as a Senior Software Consultant catering
to various Ammerican clients and my employer is located in Irving, Texas.
My Green Card petition was filed by my employer under the EB2 category and
my I 140 petition has been approved, but I am unable to file for i485
(Adjustment of Status) because visa numbers are not available. My wife is
also on a H1b visa and is a first year resident physician at a Community
Hospital in Brooklyn, New York on a H1b visa.
Based on the fact that we have been law abiding tax paying legal
immigrants, we would like to reach out to you and let you know our issues.
Our main issue is career stagnation. Unavilability of visa number
(retrogression) locks us up with the same employer for years together and
does not allow us to grow careerwise and unable to make critical and life
decisions.
We duly understand that there is a 7% per country upper limit when
Visa numbers are allocated and the fact that India and China has been over
subscribed. These caps and limits are hurting us. STRIVE ACT and SKIL
Bill have provisions to raise the cap and we would like to support these
bills and the provisions.
High tech and health care are sectors where highly skilled immigrants
from all over the world are attracted to and want to contribute in the
best ways we can to pursue our American dream. We would like to contribute
to the growth and development of America in the best possible way. Please
support us and help us in our cause.
Sincerely,
XXXXXXXXXXX
718XXXXXXXX
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raj2007
02-10 11:23 PM
Keeping H status for the Primary applicant (H1B) may sometime act as 'failover pair' ... But in these days of Highend Retrogression (specially if you are from India/China/Mexico) getting a GC would take 7-10 years - does it makes sense staying in H1 even for the Primary ???
I mean personally i've lived ( read 'did slavery') in US for sponsoring employees in H1 for 8 years and i wish to keep H1 as 'failover pair' but doing another 2nd term of slavery of 8 years till GC approval/denial comes - that has no sense at all. Its a 'No-Brainer' ....
Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play...
Advantage :- One advantage of EAD also is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)
I agree with you..it depends how much time is left on H1.he can easily switch to H4
I mean personally i've lived ( read 'did slavery') in US for sponsoring employees in H1 for 8 years and i wish to keep H1 as 'failover pair' but doing another 2nd term of slavery of 8 years till GC approval/denial comes - that has no sense at all. Its a 'No-Brainer' ....
Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play...
Advantage :- One advantage of EAD also is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)
I agree with you..it depends how much time is left on H1.he can easily switch to H4
more...
linuxra
01-13 12:53 PM
Hi anybody can have any idea,My employment record and everything is good
no way related to their things will it affect my gc
no way related to their things will it affect my gc
Siddharta
09-26 04:41 PM
If employer revokes I-140 (even after 180 days) and I-485 get denied, you lose your old PD. So it's not set in stone.
Are you 100% sure about this.
Are you 100% sure about this.
more...
trance
07-20 09:38 PM
Hey Dealsboy & Pagal,
Thanks a lot for your input. I really appreciate it.
Its a tough decision that has to be made.
Considering the fact that my wife is in the dental field and will complete her dentistry here in the US (Which is considered a graduate level Program) i was thinking may be she can apply in the EB2 category.
Do attorneys have any thoughts on this?
Thanks,
Trance
Thanks a lot for your input. I really appreciate it.
Its a tough decision that has to be made.
Considering the fact that my wife is in the dental field and will complete her dentistry here in the US (Which is considered a graduate level Program) i was thinking may be she can apply in the EB2 category.
Do attorneys have any thoughts on this?
Thanks,
Trance
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samrat_bhargava_vihari
06-25 03:42 PM
It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.
What are my options here? Does anyone has faced such a situation?
Some people did same mistake for June buliten they filed in may and still they didn't get their applications back. Check with some good lawyer and file once again in first week of July. If you don't send them back by EOM and if dates get retrogress you will be in serious problem.
http://immigrationvoice.org/forum/showpost.php?p=86794&postcount=25
Check with shailesh what he did.
What are my options here? Does anyone has faced such a situation?
Some people did same mistake for June buliten they filed in may and still they didn't get their applications back. Check with some good lawyer and file once again in first week of July. If you don't send them back by EOM and if dates get retrogress you will be in serious problem.
http://immigrationvoice.org/forum/showpost.php?p=86794&postcount=25
Check with shailesh what he did.
more...
poorslumdog
05-10 10:30 PM
Guys,
I have a long layover at New Delhi airport. I am reaching their at 8PM and my next flight in the morning at 7:30AM. Is there any accommodation facility within airport? Or Do i need to go to city? This is the first time, i am going through delhi airport. Any helpful comments are welcome. Thanks and appreciate your help.
There is a huge run way... try to make use of it.
I have a long layover at New Delhi airport. I am reaching their at 8PM and my next flight in the morning at 7:30AM. Is there any accommodation facility within airport? Or Do i need to go to city? This is the first time, i am going through delhi airport. Any helpful comments are welcome. Thanks and appreciate your help.
There is a huge run way... try to make use of it.
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abqguy
09-16 03:35 PM
Will call the rest during my next break :)
more...
cheg
07-20 04:44 PM
Based on our experience, my husband's lawyer applied for I-140 premium processing and after it was approved we were able to file for an extension of 3 years since I-485 is still retrogressed and we got approved for that one as well.
My 6 yrs are getting over in Jan 2008.
1. Can I apply for H1 extension request for 3 yrs instead of EAD?
2. Or with EAD?
Excuse me but I am a novice here.
My 6 yrs are getting over in Jan 2008.
1. Can I apply for H1 extension request for 3 yrs instead of EAD?
2. Or with EAD?
Excuse me but I am a novice here.
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superdude
07-17 11:26 PM
Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?
I think you are good.She needs to mention that she left to India after filing for 485 at the POE after returning.Talk to your attorney once.
I think you are good.She needs to mention that she left to India after filing for 485 at the POE after returning.Talk to your attorney once.
more...
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villamonte6100
10-05 10:47 AM
hi, Do you know: How recent, which nationality, when was his/her aos filed
My friend got his green card two weeks ago on EB3 Philippines. I guess not everything here is correct, but who knows.
My friend got his green card two weeks ago on EB3 Philippines. I guess not everything here is correct, but who knows.
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masouds
08-30 02:49 AM
Hi frnds,
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
You sure you want to go there? People talk tough (use f word, b word and Samuel L. Jackson's favorite word a lot to create an impression of "Don't you mess with me I am one tough guy"
Is he bad with H1-B people only or everyone regardless of their race/background/favorite color/etc?
Before you do anything, consult with a lawyer. In most places, you can complain to your boss' boss, or to HR. But please do that after talking to a lawyer (labor law). In some environments it is normal to be like that.
having said that, have you tried to find out what his real problem is? (assuming he is a he. )
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
You sure you want to go there? People talk tough (use f word, b word and Samuel L. Jackson's favorite word a lot to create an impression of "Don't you mess with me I am one tough guy"
Is he bad with H1-B people only or everyone regardless of their race/background/favorite color/etc?
Before you do anything, consult with a lawyer. In most places, you can complain to your boss' boss, or to HR. But please do that after talking to a lawyer (labor law). In some environments it is normal to be like that.
having said that, have you tried to find out what his real problem is? (assuming he is a he. )
more...
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gc_chahiye
12-10 11:35 AM
Hi All,
Just posting my experience of traveling on AP as a reference for others:
I traveled to Japan on a business visit with all 3 copies of my AP , and on return stood in the normal visitor line. When I came up to the officer, he said I should go to the "new immigrants" line, since only those officers have the necessary parole stamps.
In the other line, the officer said it was good that I brought all three copies, since they stamp all three, keep one original for themselves and return two back. The next time I travel, they will stamp the two I have, keep one and return one to me. After that, they will stamp the one original I have left, and make copies for themselves.
The officer did not ask any special questions, except which city I stay in, the rest of it was just chit-chat.
Simple process, no hassles.
Enjoy!
thanks for sharing the experience. One more question: which port-of-entry was this at? Interesting that it all completed at the main counter, many people ended up in secondary inspection when they used the AP.
Just posting my experience of traveling on AP as a reference for others:
I traveled to Japan on a business visit with all 3 copies of my AP , and on return stood in the normal visitor line. When I came up to the officer, he said I should go to the "new immigrants" line, since only those officers have the necessary parole stamps.
In the other line, the officer said it was good that I brought all three copies, since they stamp all three, keep one original for themselves and return two back. The next time I travel, they will stamp the two I have, keep one and return one to me. After that, they will stamp the one original I have left, and make copies for themselves.
The officer did not ask any special questions, except which city I stay in, the rest of it was just chit-chat.
Simple process, no hassles.
Enjoy!
thanks for sharing the experience. One more question: which port-of-entry was this at? Interesting that it all completed at the main counter, many people ended up in secondary inspection when they used the AP.
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DallasBlue
07-13 09:50 PM
Special thanks and hats off to all who are participating in the rally !!
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sabudanawada
02-27 03:20 PM
once EB3 Row gets current, some relief can be expected for the retrogressed countires where unused visas can be assigned...
before 2007, lot of labor substitution cases are in picture, also people with multiple LC's too...
the actual no. will be smaller...it just depends on how proactively they will manage to capture the unused numbers etc..that will matter the most.
About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
before 2007, lot of labor substitution cases are in picture, also people with multiple LC's too...
the actual no. will be smaller...it just depends on how proactively they will manage to capture the unused numbers etc..that will matter the most.
About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
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roseball
10-15 04:07 PM
I think the same. As my latest passport shows no visa except the AP entry stamp, they are confused how did I travel to India earlier. My wife explained them that I used AP, but they still believe that a visa page is missing in the supporting docs. So they have retained the passport and asked to submit 'current copy of husband's visa'. Now I am going to write a personal letter explaining the same and attaching the original I-797 which has my I-94.
Did you have your wife take copies of all pages from your passport. If not, I suggest you send them along with the letter. Also attach copy of your AP.
Did you have your wife take copies of all pages from your passport. If not, I suggest you send them along with the letter. Also attach copy of your AP.
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xgoogle
11-12 05:44 PM
I received my GC on 08/15/08. PD 03/2006. My spouse did not. The dates have since moved on and it seems until July/Aug 2009 there can be no hope. She has an EAD until 10/2010and is employed on its basis. Does changing my job effect her I-485 application ? Will I still need to file an AC21 ?
glen
04-09 04:42 PM
Approved I-140 is good enough for applying for three year extension. I don't think there is any rule to wait for 365 days after I-140. I guess the 365 day rule is for pending labour.
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
arihant
10-26 08:20 AM
Hi guys,
My 8th year extension was filed on June 14th. I have not heard from them since. Lawyer says he has contacted USCIS on Oct 3rd and has not heard back yet either. He has asked me to wait for one month before initiating any further communication with them. Does anyone know how long h1 processing is taking these days? I live in Texas. Now, if I want to transfer this to Premium processing:
a) is it possible to transfer now?
b) how long will the transfer take?
Thanks a lot for your advice/information :)
My 8th year extension was filed on June 14th. I have not heard from them since. Lawyer says he has contacted USCIS on Oct 3rd and has not heard back yet either. He has asked me to wait for one month before initiating any further communication with them. Does anyone know how long h1 processing is taking these days? I live in Texas. Now, if I want to transfer this to Premium processing:
a) is it possible to transfer now?
b) how long will the transfer take?
Thanks a lot for your advice/information :)
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