statuslaw
01-31 01:28 PM
This is my first H1-b. My interview was on Jan. 4, 2008 in Toronto and got 221g for administrative review. I faxed my research description the VO requested to US consulate in Toronto on Jan. 7, 2008, got the check finished email today. I keep calling DOS for my status during the waiting time. It may work for my case. It is really a pain time. Good luck to you.
Hi I am stuck in 221(g) since mid-November 2007..over 75 days..can you provide some details about your case?
Mine is H1B 3 extension for 7th year at Mumbai. I am not getting any help in this matter from the authorities that my lawyer has contacted...only the standard response that it they are awaiting a response.
If you like you can send me a private message. Thank you very much in advance for your feedback.
Hi I am stuck in 221(g) since mid-November 2007..over 75 days..can you provide some details about your case?
Mine is H1B 3 extension for 7th year at Mumbai. I am not getting any help in this matter from the authorities that my lawyer has contacted...only the standard response that it they are awaiting a response.
If you like you can send me a private message. Thank you very much in advance for your feedback.
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Cranberry160
12-02 12:20 PM
Miamikk,
I'm in the same boat as you - waiting for the approval of my recapture which I probably won't get until past the recapture expiry this December. Have you filed your COS yet? Let me know how it goes as I plan to do the same this week! Thanks!
Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?
I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?
Thanks!
I'm in the same boat as you - waiting for the approval of my recapture which I probably won't get until past the recapture expiry this December. Have you filed your COS yet? Let me know how it goes as I plan to do the same this week! Thanks!
Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?
I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?
Thanks!
omiboy
09-21 10:02 PM
Can someone please help me?
I have been with my current company for the past 7 years under an H-1 visa.
My perm and I-140 have been approved in Aug 2007 and Jan 2008 respectively (Priority date is Aug 2007).
I am currently on my 3rd H-1 extension which was given to me till Oct 2012.
My current company had a change in management and has been harrasing me by transfering me from location to location for the past two years now. And now they have cut my pay and just today I was informed that my hours have been cut as well.
Is there any way for me to transfer my H-1 to another company who is willing to employ me?
My present company has said that they will keep my green-card sponsorship untill I get the card phisically.
Can someone tell me if I can transfer to another comapny?
If I do so, will I have to start all over again on a new perm and I-140, or can they remain under the current comapny?
I have spent over 10K for the perm and I-140 in filing fees and lawyers fees, I can't afford to do this all over again.
Please help me... I need advice.
Sincerely
Omi.
I have been with my current company for the past 7 years under an H-1 visa.
My perm and I-140 have been approved in Aug 2007 and Jan 2008 respectively (Priority date is Aug 2007).
I am currently on my 3rd H-1 extension which was given to me till Oct 2012.
My current company had a change in management and has been harrasing me by transfering me from location to location for the past two years now. And now they have cut my pay and just today I was informed that my hours have been cut as well.
Is there any way for me to transfer my H-1 to another company who is willing to employ me?
My present company has said that they will keep my green-card sponsorship untill I get the card phisically.
Can someone tell me if I can transfer to another comapny?
If I do so, will I have to start all over again on a new perm and I-140, or can they remain under the current comapny?
I have spent over 10K for the perm and I-140 in filing fees and lawyers fees, I can't afford to do this all over again.
Please help me... I need advice.
Sincerely
Omi.
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chanduv23
03-20 03:43 PM
How many of you support this idea ?
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
Why are we talking about rally all of a sudden?
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
Why are we talking about rally all of a sudden?
more...
getrdone
09-17 01:54 AM
I got similar information from IO
I am not sure what he meant by before it expires?
Did you ask what happens when it expires?
and what about the 180 days rule? I was told that they would look in application pending more than 1 yr during Nov.
And application pending more than 2 yrs are already processed ( as per press release)
good luck !!
Just got off the phone with customer service rep. I called them to know the status of my service request that was created 45 days ago. After some wait, one lady picked up my call. I asked her to check the status of my service request. She tried for 10 mins to pull up that info but she couldn't pull up because of some technical issues. She escalated my call to another level.
One rep picked up my call.He seems to be nice and answered my questions. He said my case is under review as of 8/21/2008. When I asked him to see whether my name check is cleared or not, he said it is still pending as of now. FBI name check was initiated on Sep 18, 2007 and it should expire on Nov 30, 2008. Before that they should get a response for name check.
We gave our finger prints on Nov 2, 2007. How come name check was initiated on Sep 18, 2007? I am not sure whether i can believe his words?
I have a soft LUD on 8/21/2008. According to CSR words, i can assume that case was assigned to an officer. But i am not sure about the name check process.
Is any one got the similar response?
Please share your thoughts on this
Thanks,
palemguy
I am not sure what he meant by before it expires?
Did you ask what happens when it expires?
and what about the 180 days rule? I was told that they would look in application pending more than 1 yr during Nov.
And application pending more than 2 yrs are already processed ( as per press release)
good luck !!
Just got off the phone with customer service rep. I called them to know the status of my service request that was created 45 days ago. After some wait, one lady picked up my call. I asked her to check the status of my service request. She tried for 10 mins to pull up that info but she couldn't pull up because of some technical issues. She escalated my call to another level.
One rep picked up my call.He seems to be nice and answered my questions. He said my case is under review as of 8/21/2008. When I asked him to see whether my name check is cleared or not, he said it is still pending as of now. FBI name check was initiated on Sep 18, 2007 and it should expire on Nov 30, 2008. Before that they should get a response for name check.
We gave our finger prints on Nov 2, 2007. How come name check was initiated on Sep 18, 2007? I am not sure whether i can believe his words?
I have a soft LUD on 8/21/2008. According to CSR words, i can assume that case was assigned to an officer. But i am not sure about the name check process.
Is any one got the similar response?
Please share your thoughts on this
Thanks,
palemguy
sankap
07-20 02:36 PM
Yes, we've been using our marriage affidavit all along--including for getting PR and citizenship of country X.
hey, so you got h4 by just producing marriage affidavit and not marriage certificate?
hey, so you got h4 by just producing marriage affidavit and not marriage certificate?
more...
cooldudesfo
09-11 01:46 PM
Does your Attorney says that counter will start from Aug 28, 2007 ?
Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?
I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.
Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?
I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.
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amitbane
02-24 01:02 PM
Hi KaylaMarie,
Any non-profit institution which engages in research/ collaboration with an university is H1b-cap exempt. Also H1B cap-exemption is possible if you work at a non-profit/ university, but not paid by it (e.g. paid by some other company).
My wife came from India 2 months ago. She has a degree in biostatistics and is in a similar situation. If you would like to get in touch, let us know.
Regards,
Any non-profit institution which engages in research/ collaboration with an university is H1b-cap exempt. Also H1B cap-exemption is possible if you work at a non-profit/ university, but not paid by it (e.g. paid by some other company).
My wife came from India 2 months ago. She has a degree in biostatistics and is in a similar situation. If you would like to get in touch, let us know.
Regards,
more...
kirupa
01-17 09:22 PM
Added!
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copsmart
02-05 05:48 PM
This is my Attorney’s take on “same or similar job”:
Ultimately for the adjustment of status to be approved, you have to have a new position in the "same or similar occupational classification" as the position which is the subject of the labor certification application. This does not mean it has to be the same job or the same job duties but, as indicated, in the same general field. As long as you obtain such a position prior to your adjustment of status being finalized, then there should be no problem.
I also asked him about Location and Salary requirements. This what he said…
Location does not matter and even salary does not matter, as long as it does not seem to evidence a totally different type of position.
So, I wouldn’t worry about the "same or similar" crap and wait for several years. If some attracting offer comes up your way, go for it.
Ultimately for the adjustment of status to be approved, you have to have a new position in the "same or similar occupational classification" as the position which is the subject of the labor certification application. This does not mean it has to be the same job or the same job duties but, as indicated, in the same general field. As long as you obtain such a position prior to your adjustment of status being finalized, then there should be no problem.
I also asked him about Location and Salary requirements. This what he said…
Location does not matter and even salary does not matter, as long as it does not seem to evidence a totally different type of position.
So, I wouldn’t worry about the "same or similar" crap and wait for several years. If some attracting offer comes up your way, go for it.
more...
nivasch
09-21 01:02 PM
http://news.yahoo.com/s/ap/20060921/ap_on_go_co/immigration
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ArkBird
09-14 11:46 PM
Thanks for sharing your experience.. BTW, were you using your AP for the first time? I have heard that while traveling on AP you need to go through secondary screen, which takes time. Is that true?
Yes you have to go to secondary inspection. Time depends on how many other people are referred to secondary inspection. There will be some with AP some with other issues. In my case, there were 7-8 people ahead of us and it took close to 90 minutes.
HTH
Yes you have to go to secondary inspection. Time depends on how many other people are referred to secondary inspection. There will be some with AP some with other issues. In my case, there were 7-8 people ahead of us and it took close to 90 minutes.
HTH
more...
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uscisc
09-10 02:53 PM
Company A - EB3 � PD Nov 2004.
Company B - EB2 � PD Feb 2007.
In July-2007 I applied 485 Using Company A EB3. In Apr-2008 I moved to Company B and In Feb 2009 my attorney sent an interfiling request to change the category on my EB3 case to EB2.
My attorney also told that, in general this kind of update look complex to the USCIS people and ignore the request.
If that happens then the next thing is to let our senator or congress man call to USCIS and request them to show more attention on that interfiling request. And you should do this after 3 months after sending the interfiling request.
One question, did you received the same alien number on both the I-140s or not? In my case my alien numbers are also different.
Also as of today I did not know whether my interfiling is success or not. The only way I will know about it is by calling the service center, which I haven�t done yet.
My attorney has confidence that we can get the category changed.
Also as mmrao2007 specified, my attorniey also sent the documents with a covering letter with a colored paper and big bold letters on top, explaining the case and related case numbers.
Company B - EB2 � PD Feb 2007.
In July-2007 I applied 485 Using Company A EB3. In Apr-2008 I moved to Company B and In Feb 2009 my attorney sent an interfiling request to change the category on my EB3 case to EB2.
My attorney also told that, in general this kind of update look complex to the USCIS people and ignore the request.
If that happens then the next thing is to let our senator or congress man call to USCIS and request them to show more attention on that interfiling request. And you should do this after 3 months after sending the interfiling request.
One question, did you received the same alien number on both the I-140s or not? In my case my alien numbers are also different.
Also as of today I did not know whether my interfiling is success or not. The only way I will know about it is by calling the service center, which I haven�t done yet.
My attorney has confidence that we can get the category changed.
Also as mmrao2007 specified, my attorniey also sent the documents with a covering letter with a colored paper and big bold letters on top, explaining the case and related case numbers.
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ibbu_arif
11-16 10:33 AM
Adurthy,
I am in the same boat.. I am also waiting for my AP approval. (applied Oct 10th)
Just wanted to know at which Service Center you filed? Did you get the reciept notices.
My attorney says he will tell my reciept number as soon as he has it.
I am thinking he is lazy to sort his mail :). It has been 5 weeks now.
I am in the same boat.. I am also waiting for my AP approval. (applied Oct 10th)
Just wanted to know at which Service Center you filed? Did you get the reciept notices.
My attorney says he will tell my reciept number as soon as he has it.
I am thinking he is lazy to sort his mail :). It has been 5 weeks now.
more...
pictures Heather Morris attends the
s416504
12-02 12:54 PM
Is this your wife's first 485 application? Any past I485 Applications? It may possible that your wife has old A# number from 2003.
We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005 (EB2). ND is September 05, 2007.
Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?
We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005 (EB2). ND is September 05, 2007.
Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?
dresses Glee Heather Morris 1
augustus
08-09 11:03 AM
Anybody with July 19th receipt date got their Check encashed? How about Receipt Notice? EB-3 India.
I am worried about checks not being cashed yet. After Aug 17th the window is closed.
I am worried about checks not being cashed yet. After Aug 17th the window is closed.
more...
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desi3933
03-19 01:21 PM
.... once your 6 years cap is over and AOS is denied you cannot get extensions. ...
Correct.
Correct.
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goldbuckle
March 15th, 2006, 11:52 PM
Thanks NikNikon for the advice. I shoot everything from inside the arena so I can move between events to get the best position. Right know the strobes are out of my budget. Thanks MatsP also for your input. After your comments and talking with someone from Showcase here in Atlanta I feel much better :) about what I ended up with. This must be one of the toughest shooting environments you can come across. Do you think a bracket mounted flash would help any with the red eye? Also after 2200+ photos I am trying to learn to batch process pictures with photoshop. I am really please with how the unsharp mask helps the noise from the higher ISO. Any suggestions on batch processing tips to enhance sharpness, reduce noice and adjust levels & color are welcome. I have used photoshop for years in my printing trade but never learned it's full potential for use with photography. Also are any of you using Nikon's Picture Project? Particularly the D-lighting adjustment?
Thanks,
John
Gold Buckle Photography
Thanks,
John
Gold Buckle Photography
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waitingimmigrant
10-21 05:18 PM
he he .. was wondering the same... was thinking it was about a different time dimension :P....
this time it is revised under "Reuniting Families Act" ... lets see how this goes...
Expecting the ... and hoping for the best :)
this time it is revised under "Reuniting Families Act" ... lets see how this goes...
Expecting the ... and hoping for the best :)
s_r_e_e
09-28 10:54 AM
Even if he sue, all you may need to pay is the expenses (lets say, at the worst 10K ) according to ur contract.
if u find a new job with 10k hike, you can pay off this from first years salary ... remaining 3-4 year's(until ur GC) 10K is for you to keep :)
After 180 days (AC21), I want to change my employer. In the above scenario, can my present Employer sue me if I leave him? Please suggest�
Thanks in advance,
Ashok...
if u find a new job with 10k hike, you can pay off this from first years salary ... remaining 3-4 year's(until ur GC) 10K is for you to keep :)
After 180 days (AC21), I want to change my employer. In the above scenario, can my present Employer sue me if I leave him? Please suggest�
Thanks in advance,
Ashok...
bigboy007
04-18 03:50 AM
But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
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