asaseed
12-12 12:38 PM
Hi,
I had one A# on my EAD (during OPT), as xxx-xxx-xxx, which was expired after OPT was end. Then, after I filed my I485 application, I obtained another A# showed on I-797C form, as Axxxxxxxxx. So I am quite comfused that which one is my current A#. Does A# change with our status? Thanks.
I had one A# on my EAD (during OPT), as xxx-xxx-xxx, which was expired after OPT was end. Then, after I filed my I485 application, I obtained another A# showed on I-797C form, as Axxxxxxxxx. So I am quite comfused that which one is my current A#. Does A# change with our status? Thanks.
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kshitijnt
02-07 05:02 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.
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.
raj_k
03-23 10:24 PM
Frist's enforcement only bill will be very popular in the house, but is unlikely to pass the senate. There seems to be quite a few republican senators (Specter, Mccain, Graham, Brownback to name a few) who might vote against any bill which is not "comprehensive". They along with the dems easily have more than 50 votes to block. Now, even if Frist's passes senate, it has to be reconciled with the house version - there are plenty of vocal anti EB folks there and hardly anyone pro. So if push comes to shove, Frist would probably agree to drop the EB provisions and pass rest of the bill , so that he can take credit and hit the '08 presidential campaign trail.
Specter's will easily pass the senate, will be a miracle if it passes the house - senate conference commitee in its present form. The only hope is all the attention will be on the amnesty provisions and negotiations surrounding that, and the EB part of it will fly under the radar.
Specter's will easily pass the senate, will be a miracle if it passes the house - senate conference commitee in its present form. The only hope is all the attention will be on the amnesty provisions and negotiations surrounding that, and the EB part of it will fly under the radar.
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devikas81
06-19 03:44 PM
I am on similar situation....I really appreciate if someone can advise on it...
Thanks in advance...
Thanks in advance...
more...
myGC_0507
05-17 08:30 PM
3 years visa. It is not a startup company but not very big company. She is not into software.
But does she got 3 years while transferring H1? Is she transfer through a startup company?
-jignesh
But does she got 3 years while transferring H1? Is she transfer through a startup company?
-jignesh
The7zen
03-24 05:54 PM
H1 transfer will bring you back on status...
do you mean to say goto any employer whoever gets job?
i doubt you have any other better options.....
do you mean to say goto any employer whoever gets job?
i doubt you have any other better options.....
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zamoo
09-03 01:41 PM
Hello Folks,
I'm Aug-2005 EB2-I.
Haven't received my GC yet.
I think, based on various experiences mentioned here, opening a SR, taking local immigration office appointments, etc is a way to get USCIS to look at your file.
I also read, if there was a pending EAD renewal, your case might get looked at and instead of renewing your EAD, USCIS will rather give you GC - provided PD is current and there are no other issues.
I know none of these 2 things have a documented backing...apart from people's experiences (which, I value a lot - don't get me wrong there).
My EAD was also up for renewal - filed in June. Got the "card production ordered" e-mail @ that yesterday. And, no change on the AOS case.
So, should I take other steps @ my AOS case - like, opening a SR, taking IO appointment, etc ?
Thanks
I'm Aug-2005 EB2-I.
Haven't received my GC yet.
I think, based on various experiences mentioned here, opening a SR, taking local immigration office appointments, etc is a way to get USCIS to look at your file.
I also read, if there was a pending EAD renewal, your case might get looked at and instead of renewing your EAD, USCIS will rather give you GC - provided PD is current and there are no other issues.
I know none of these 2 things have a documented backing...apart from people's experiences (which, I value a lot - don't get me wrong there).
My EAD was also up for renewal - filed in June. Got the "card production ordered" e-mail @ that yesterday. And, no change on the AOS case.
So, should I take other steps @ my AOS case - like, opening a SR, taking IO appointment, etc ?
Thanks
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desi485
11-18 06:53 PM
Amazing progress NSC from July 04 - > July 05 :D
They can't beat TSC. For last six months, TSC has progressed, moved backwards and what not, ultimately still stuck at last week of June 2007.:confused:
Also, I am wondering. CIS mentioned 15 months estimated time period to process 485 filed during VB gate. (this was in one of the recent visa bulletin) Isn't that 15 months long over by November-2008????? My 485 has not even an LUD since filed in July 2007, I am sure many others are in same boat.
They can't beat TSC. For last six months, TSC has progressed, moved backwards and what not, ultimately still stuck at last week of June 2007.:confused:
Also, I am wondering. CIS mentioned 15 months estimated time period to process 485 filed during VB gate. (this was in one of the recent visa bulletin) Isn't that 15 months long over by November-2008????? My 485 has not even an LUD since filed in July 2007, I am sure many others are in same boat.
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09-22 03:00 PM
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ImmigrationAnswerMan
06-30 12:36 PM
Changingjobs:
You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.
Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.
You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.
I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.
You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.
Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.
You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.
I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.
more...
gparr
December 31st, 2004, 07:01 AM
While eating dinner last night, I noticed a pitcher and glasses set in our china cabinet and decided to try a studio shot. I used one of my wife's black dresses, hung from the light fixture over our dining room table, as a backdrop. The glasses are sitting on a lens and various bowls and cups to raise them to the levels I wanted. I used white poster board on either side to reflect some light. Light source is a single flash unit bounced off of the ceiling. Thoughts on what I could do to make the shot better, aside from spending $2,000 to buy studio lighting equipment?
Thanks,
Gary
300D camera on tripod, Sigma EX 24-70 lens at 45mm, 1/20 sec., f/13, flash on manual bounced off ceiling at 1/2 power (I think).
http://www.dphoto.us/forumphotos/data/500/153glassware.jpg
300D camera on tripod, Sigma EX 24-70 lens at 42mm, 1/15 sec., f/13, flash on manual bounced off ceiling at 1/2 power (I think).
http://www.dphoto.us/forumphotos/data/500/153glassware3.jpg
Thanks,
Gary
300D camera on tripod, Sigma EX 24-70 lens at 45mm, 1/20 sec., f/13, flash on manual bounced off ceiling at 1/2 power (I think).
http://www.dphoto.us/forumphotos/data/500/153glassware.jpg
300D camera on tripod, Sigma EX 24-70 lens at 42mm, 1/15 sec., f/13, flash on manual bounced off ceiling at 1/2 power (I think).
http://www.dphoto.us/forumphotos/data/500/153glassware3.jpg
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kabeer_g
08-10 12:05 PM
Hello,
My fiancee and I got married in India in May 2010 and have a marriage certificate. I came back in June 2010 to US and she stayed back in India. On August 8th 2010 my I-485 got approved. However we have not yet registered our marriage in US (however it is registered in India). Will this be a problem? Did we need to register our marriage in US prior to August 02 2010 for us to be able to file for her green card using derived status? Or is marriage registered in India fine.
I really really appreciate a response.
My fiancee and I got married in India in May 2010 and have a marriage certificate. I came back in June 2010 to US and she stayed back in India. On August 8th 2010 my I-485 got approved. However we have not yet registered our marriage in US (however it is registered in India). Will this be a problem? Did we need to register our marriage in US prior to August 02 2010 for us to be able to file for her green card using derived status? Or is marriage registered in India fine.
I really really appreciate a response.
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roseball
05-02 10:52 AM
I understand that the chance is slim.... almost microscopic :rolleyes: But I need to prepare for the worst case (or is it the best...?? :confused:) hence the question.
Any idea about how long consular processing takes and does it depend on priority dates (in the case of a further retrogression)?
Thanks for the input, will keep a close watch on the visa bulletin and keep my wife's return trip options open.
Thanks again.
Yes, CP depends on PD as well. The best option for you is to have her fly back to US once the Visa bulletin shows your PD as current and start the prep work (documents, medical tests etc) and file her case along with AP/EAD so once she gets her AP approval, she is free to travel again.
Any idea about how long consular processing takes and does it depend on priority dates (in the case of a further retrogression)?
Thanks for the input, will keep a close watch on the visa bulletin and keep my wife's return trip options open.
Thanks again.
Yes, CP depends on PD as well. The best option for you is to have her fly back to US once the Visa bulletin shows your PD as current and start the prep work (documents, medical tests etc) and file her case along with AP/EAD so once she gets her AP approval, she is free to travel again.
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kanyewest
04-22 10:16 AM
Thank you for your comments.
For the period, I was on valid H1, employed, and not paid by my employer - I have a WH4 complaint registered and an acknowledgement from DOL that they have received the complaint.
I understand that this situation requires premium processing of H1. In case the COS is denied, which as pointed out is more likely, I understand that I will need to travel abroad to obtain a new I-94 with the new H1 approval.
1. If the COS is denied, can I use the unexpired H1B visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H1 approval notice.
2. Is it wise and practical to make the new employer aware of my DOL complaint against previous employer during the H1 transfer process? Unless it is needed, I would prefer not disclosing that information to the new employer.
Thank you again for your time and recommendations.
For the period, I was on valid H1, employed, and not paid by my employer - I have a WH4 complaint registered and an acknowledgement from DOL that they have received the complaint.
I understand that this situation requires premium processing of H1. In case the COS is denied, which as pointed out is more likely, I understand that I will need to travel abroad to obtain a new I-94 with the new H1 approval.
1. If the COS is denied, can I use the unexpired H1B visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H1 approval notice.
2. Is it wise and practical to make the new employer aware of my DOL complaint against previous employer during the H1 transfer process? Unless it is needed, I would prefer not disclosing that information to the new employer.
Thank you again for your time and recommendations.
more...
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sweet_jungle
12-12 01:31 AM
It's good to know.
Well, i doubt having passport at FP would have helped. If in infopass they were not able to correct, how could they do it at FP ASC?
Anyways, having docs helps. I was initially debating whether to take birth certificate at infopass and it turned out it was very much needed.
Well, i doubt having passport at FP would have helped. If in infopass they were not able to correct, how could they do it at FP ASC?
Anyways, having docs helps. I was initially debating whether to take birth certificate at infopass and it turned out it was very much needed.
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go_guy123
05-22 02:37 PM
Thanks for your Reply.
My Employer is also threatening me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
Yes they need to give you lay off notice officially in paper and give you plane ticket to India.
You can file the complaint and once they give you ticket to India , you can available that to go to India.
In fact H1Bs shouldn't have been approved for your employer in first place. Obviously in your case the client is delaying payment but you employers need to have the
working capital to pay you even if the client is not/delaying payment.
This was a problem/abuse with the small consulting companies aka body shoppers for over a decade now. It seems that USCIS is eventually cracking down on this.
My Employer is also threatening me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
Yes they need to give you lay off notice officially in paper and give you plane ticket to India.
You can file the complaint and once they give you ticket to India , you can available that to go to India.
In fact H1Bs shouldn't have been approved for your employer in first place. Obviously in your case the client is delaying payment but you employers need to have the
working capital to pay you even if the client is not/delaying payment.
This was a problem/abuse with the small consulting companies aka body shoppers for over a decade now. It seems that USCIS is eventually cracking down on this.
more...
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franklin
02-12 05:52 PM
No, experience from current company does not count.
If you have a masters, and the job requires one, it doesn't matter how much experience you have.
From Department of State (http://travel.state.gov/visa/immigrants/types/types_1323.html)
There are two subgroups within this category:
Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and
Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.
If you have a masters, and the job requires one, it doesn't matter how much experience you have.
From Department of State (http://travel.state.gov/visa/immigrants/types/types_1323.html)
There are two subgroups within this category:
Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and
Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.
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mrajatish
03-25 12:06 PM
Finally, someone who thinks long-term. That is why I had mentioned that we need to go beyond our immediate benefits and think longterm.
Also, people with Masters in Computer Science are also eligible, so for the many nay sayers, grunt IT work is not interesting to US govt., but there is still a lot of innovation going on in core Computer Science.
Also, people with Masters in Computer Science are also eligible, so for the many nay sayers, grunt IT work is not interesting to US govt., but there is still a lot of innovation going on in core Computer Science.
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vadik78
03-24 04:42 PM
Including MBA under stem - I do not have MBA, however :(, but I support "educated" immigration
HRPRO
02-10 12:46 PM
I am working as FTE (no client). Our office physically moved to a new address within the same Metro area. There is no change in wage requirement as per flcdatacenter. In fact, flcdatcenter consider this as same division.
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ck2009
06-19 12:17 AM
Hi,
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
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