rajmalhotra
02-09 10:10 AM
^^^bump
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kevinkris
09-20 12:40 AM
saileshdude, what are your details like PD, Service Center, RD, ND etc?
I called NSC, but not info other than pending status.
Excited & Tensed !!
Between, what is G-28 ?
I had a soft LUD on my+spouse 485 application today. I am current for this sept but will not be in Oct. Since there are no visa numbers available, I am guessing this must be either a potential RFE or my previous company lawyers may have withdrawn my G-28 representation
Does anyone know if before an RFE , would they or did they get a SOFT LUD, is this common?
Also if my previous attorney withdrew G-28 forms, will this also result in soft lud?
I called NSC, but not info other than pending status.
Excited & Tensed !!
Between, what is G-28 ?
I had a soft LUD on my+spouse 485 application today. I am current for this sept but will not be in Oct. Since there are no visa numbers available, I am guessing this must be either a potential RFE or my previous company lawyers may have withdrawn my G-28 representation
Does anyone know if before an RFE , would they or did they get a SOFT LUD, is this common?
Also if my previous attorney withdrew G-28 forms, will this also result in soft lud?
Blog Feeds
04-16 03:00 PM
Back in 1982, when I left the INS to enter private practice, the number of H-1 visas was unlimited. All professionals, including registered nurses, were eligible for H-1 visas. Also, there was no maximum duration for H-1s. U.S. employers could petition for H-1 workers all year long, yet the program did not generate the amount of controversy that it does today. It was a market-based system which allowed U.S. employers to fill jobs in a global economy, plain and simple. The Immigration Act of 1990 ushered in the present era of government control of �H-1B� temporary visas. For the first...
More... (http://blogs.ilw.com/carlshusterman/2009/04/h-1bs-let-the-market-decide-the-number-of-working-visas.html)
More... (http://blogs.ilw.com/carlshusterman/2009/04/h-1bs-let-the-market-decide-the-number-of-working-visas.html)
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hotshots
06-22 11:16 AM
My friend who is currently working for a IT consulting firm has applied for H1B transfer to a direct hire position with a leading healthcare co. He is currently maintaining H1B status, working and getting paid.
He came to US originally on L1B in 2005 and applied for a L1 to H1B transfer (with change of status) which was approved in Oct 2006. The problem - he continued working for the L1B firm till Dec 06 and then joined the H1B employer. At that time, he did not know that he was supposed to start working for H1B employer right from Oct 2006 when the COS was approved. The lawyer who filed the application advised him that it was OK to continue working for the L1B firm till Dec. He has subsequently maintained H1B status at all times and has even travelled out of the country, got H1B stamped etc. without any issue.
Questions:
- Was he out of status for 2 months (Oct to Dec 2006) when he continued working for the L1 firm even after COS approval?
- Could this be a problem for the H1B transfer that has been currently applied for. Does USCIS check only whether the individual is currently maintaining H1B status, or do they go back and look for past periods also to determine status violations?
- Even if USCIS determines he had violated his status, is there any provision (like 245k) which protects him for the current H1B transfer, since the potential out of status period was only 2 months?
Thanks much!!
He came to US originally on L1B in 2005 and applied for a L1 to H1B transfer (with change of status) which was approved in Oct 2006. The problem - he continued working for the L1B firm till Dec 06 and then joined the H1B employer. At that time, he did not know that he was supposed to start working for H1B employer right from Oct 2006 when the COS was approved. The lawyer who filed the application advised him that it was OK to continue working for the L1B firm till Dec. He has subsequently maintained H1B status at all times and has even travelled out of the country, got H1B stamped etc. without any issue.
Questions:
- Was he out of status for 2 months (Oct to Dec 2006) when he continued working for the L1 firm even after COS approval?
- Could this be a problem for the H1B transfer that has been currently applied for. Does USCIS check only whether the individual is currently maintaining H1B status, or do they go back and look for past periods also to determine status violations?
- Even if USCIS determines he had violated his status, is there any provision (like 245k) which protects him for the current H1B transfer, since the potential out of status period was only 2 months?
Thanks much!!
more...
fasterthanlight�
05-21 01:55 PM
Here's two different versions
westh1b
04-11 10:23 PM
My friend came to US on January through one bodyshopper on H1B visa and he was on project for 4 months.When his project is over and he is on bench then his employer forcing him to send him a email stating that he will be on leave without pay and immediately his employer stopped paying him salary from the day he was on bench.
Can any one please guide me that how to file complaint to DOL against his body shopper.
Also i wanted to know that will DOL take any against his body shopper and what information DOL will ask as currently my friend does not wanted to confront with his employer.
Thanks
H1B
Can any one please guide me that how to file complaint to DOL against his body shopper.
Also i wanted to know that will DOL take any against his body shopper and what information DOL will ask as currently my friend does not wanted to confront with his employer.
Thanks
H1B
more...
bsnf
02-18 08:04 PM
Does anyone know if I require a transit visa if traveling to India via Canada by Lufthansa.
I have a AP, used to have a Canadian visit visa which expired in Dec 2010.
I have traveled on AP via Dubai using United and did not have a issue.
I am traveling next weekend, I will appreciate your reply.
I have a AP, used to have a Canadian visit visa which expired in Dec 2010.
I have traveled on AP via Dubai using United and did not have a issue.
I am traveling next weekend, I will appreciate your reply.
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Chandra_Chndra
05-04 02:17 PM
My cousin has I-20's from Universities A and B.he got F1 Visa with University A's I-20.
He is in India and he wants to go to University B.
Could anybody tell if he can directly go to University B and complete the transfer process from there? or does he need to go to University A, complete the transfer process and then go to University B?
does it create any problems at Port of Entry ?
PS: I have not started GC process yet. So, I didn't update my profile.
He is in India and he wants to go to University B.
Could anybody tell if he can directly go to University B and complete the transfer process from there? or does he need to go to University A, complete the transfer process and then go to University B?
does it create any problems at Port of Entry ?
PS: I have not started GC process yet. So, I didn't update my profile.
more...
pointlesswait
10-27 02:52 PM
total dumbasses...these US lawmakers make laloos and mayas feel like Einsteins..)
isn't the country quota supposed to "satisfy" their need for DIVERSITY?
general rant.. guyz.. chill...;-)
isn't the country quota supposed to "satisfy" their need for DIVERSITY?
general rant.. guyz.. chill...;-)
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anyluck?
06-19 02:36 PM
Thanks for the reply.
more...
humsuplou
07-02 05:40 PM
Tnks for the quick response. a couple more questions :D
1) Eligibility Status?
2)Please provide information concerning your eligibility status.
Do I need to put anything in there? Or I can just leave it blank?
1) Eligibility Status?
2)Please provide information concerning your eligibility status.
Do I need to put anything in there? Or I can just leave it blank?
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Prashanthi
08-21 01:39 PM
My wife is currently on H4 and she is planning to apply for Residency here in the US on an exchange visa (J1). Let us suppose that she gets her status adjusted here in the US from H4 to J1 and then travels outside the US (say India). Then, she would have to get a J1 visa stamped on her passport. Considering that her spouse (that's me) would be on H1B, it would be rather difficult for her to prove that she would return to India. Do you think there is a greater chance of denial of J1 visa to her at the US consulate? If yes, how do you recommend we go about doing it? Your answer would be appreciated.
------------------------------
LC and I-140 Approved; EB2 PD 22 Feb 2008
The red flag is usually raised when one has immediate relatives who are Citizens or Green card holders. If you have a spouse who is on H-1 it does not mean that you intend to immigrate to the United States. However, the fact that you filed for an immigrant petition might effect her visa application adversely, the consulate is capable of rejecting for any reason and no judicial review exists if the visa is rejected. Good luck.
------------------------------
LC and I-140 Approved; EB2 PD 22 Feb 2008
The red flag is usually raised when one has immediate relatives who are Citizens or Green card holders. If you have a spouse who is on H-1 it does not mean that you intend to immigrate to the United States. However, the fact that you filed for an immigrant petition might effect her visa application adversely, the consulate is capable of rejecting for any reason and no judicial review exists if the visa is rejected. Good luck.
more...
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diptam
08-12 11:27 PM
Hope this helps ..
Hi,
My wife and I applied for the AOS (I-485, EAD and AP for my wife and I-485 for me). I was wondering
1. As to who will receive the receipt number? Will my attornery receive it or will I receive it?
Ans> If you attorney sent the app he will receive RN. I will receive ( if it at all comes ) at my home because i didn't hire an attorney.
2. Will it be a letter or an email from USCIS?
Ans > Letter in USPS mail.
3. I am the primary applicant. My wife may be offered a permanent position with the company she is working for on a consultant basis. Now the question is - Can she take the offer before her EAD is approved? I mean to say - Can she transfer her H1B processed for the company? Will she have any problem with the AOS application as her paper work (new I797) is changing? We are very confused with this.
Ans > If she has an valid H1B let her take the new offer by transferring H1B( if that company does H1B transfer) . EAD can be kept in lockers.
As long as she sent the latest I-797 when the AOS was applied that should be fine. Worst case USCIS may ask the new I-797 in an RFE.
Really appreciate your answers!
Thank you very much!
Hi,
My wife and I applied for the AOS (I-485, EAD and AP for my wife and I-485 for me). I was wondering
1. As to who will receive the receipt number? Will my attornery receive it or will I receive it?
Ans> If you attorney sent the app he will receive RN. I will receive ( if it at all comes ) at my home because i didn't hire an attorney.
2. Will it be a letter or an email from USCIS?
Ans > Letter in USPS mail.
3. I am the primary applicant. My wife may be offered a permanent position with the company she is working for on a consultant basis. Now the question is - Can she take the offer before her EAD is approved? I mean to say - Can she transfer her H1B processed for the company? Will she have any problem with the AOS application as her paper work (new I797) is changing? We are very confused with this.
Ans > If she has an valid H1B let her take the new offer by transferring H1B( if that company does H1B transfer) . EAD can be kept in lockers.
As long as she sent the latest I-797 when the AOS was applied that should be fine. Worst case USCIS may ask the new I-797 in an RFE.
Really appreciate your answers!
Thank you very much!
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visa_reval
03-14 03:46 PM
and I dont have an answer for it. Can somebody point us to the doc pls.
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shishya
11-30 05:52 PM
Folks,
Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.
Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?
Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.
Could someone PLEASE comment on these two questions?
Thank you much!
-Shishya
Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.
Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?
Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.
Could someone PLEASE comment on these two questions?
Thank you much!
-Shishya
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delhirocks
06-23 12:22 PM
If dates stay current (expected for maybe July), I-485 processing is FIFO based on receipt date of I-485.
If dates retrogress, I-485 processing is FIFO based on PD.
If dates retrogress, I-485 processing is FIFO based on PD.
more...
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kshitijnt
04-17 07:13 PM
Hello,
I am here on a H1B visa and my wife is on a H4 Visa. She has recently been admitted to a masters program and would start going to school soon.
1. We want to get a F1 visa for her, so that she can get paid for some work in the campus. Would it be possible to get the F1 visa in Canada. Does anyone have any recent experience on getting this done ?
2. Say we not apply for a visa but only apply for a change of status and do not even go to India or anywhere else before the completion of her program. After that she would go on an OPT. If we go to India then, would it not be a problem in getting a F-1 visa, as her education would already be complete. Does it mean that she should get her visa stamped before she completes her education.
Thanks,
Gaurav
Hi Gaurav-
I do not recommend getting a stamp from canada. Sometimes the Consular officer there can not ascertain her past academic record and her F1 may get rejected. I think you should file I539 to change status. That is safest. If, by chance, I539 is rejected, she can apply for F1 at US consulate in India.
I would advise that you guys travel to India one semester before she completes her studies. One of my wife's friend did that and her F1 was approved despite changing status in US from H4 to F1.
My wife is also in same situation and has F1 status after changing it from H4. She will be graduating this summer but we may travel to India as not travelling will mean she is away from her family for too long.
I am here on a H1B visa and my wife is on a H4 Visa. She has recently been admitted to a masters program and would start going to school soon.
1. We want to get a F1 visa for her, so that she can get paid for some work in the campus. Would it be possible to get the F1 visa in Canada. Does anyone have any recent experience on getting this done ?
2. Say we not apply for a visa but only apply for a change of status and do not even go to India or anywhere else before the completion of her program. After that she would go on an OPT. If we go to India then, would it not be a problem in getting a F-1 visa, as her education would already be complete. Does it mean that she should get her visa stamped before she completes her education.
Thanks,
Gaurav
Hi Gaurav-
I do not recommend getting a stamp from canada. Sometimes the Consular officer there can not ascertain her past academic record and her F1 may get rejected. I think you should file I539 to change status. That is safest. If, by chance, I539 is rejected, she can apply for F1 at US consulate in India.
I would advise that you guys travel to India one semester before she completes her studies. One of my wife's friend did that and her F1 was approved despite changing status in US from H4 to F1.
My wife is also in same situation and has F1 status after changing it from H4. She will be graduating this summer but we may travel to India as not travelling will mean she is away from her family for too long.
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jsb
07-29 08:53 AM
Hi folks,
I have a appointment at calgary, canada for my H1 extension visa stamping. Any one has experience in Calgary.
My spouse entered the US on H4, she has a MBBS degree from india and she got H1 sponsored by a reputed university to do research.
I read on the posts that first time H4 to H1 stamping might pose a issue in canada if a person does not have degrees from US or Canada.
Please let me know.
Thanks
Contributed 500 to IV
If H1 for your spouse is already approved, there should not be any problem provided you carry all necessary documentation. If it is under processing (not yet approved), and you have your H1 approved, your spouse should not have problem for H4.
I have a appointment at calgary, canada for my H1 extension visa stamping. Any one has experience in Calgary.
My spouse entered the US on H4, she has a MBBS degree from india and she got H1 sponsored by a reputed university to do research.
I read on the posts that first time H4 to H1 stamping might pose a issue in canada if a person does not have degrees from US or Canada.
Please let me know.
Thanks
Contributed 500 to IV
If H1 for your spouse is already approved, there should not be any problem provided you carry all necessary documentation. If it is under processing (not yet approved), and you have your H1 approved, your spouse should not have problem for H4.
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Dirge
03-15 04:27 PM
i do not see a picture.
http://fc93.deviantart.com/fs44/f/2009/059/8/1/Self_portrait_desktop_by_MelonCat.png
:).
in other news I'm thinking of doing another entry.
http://fc93.deviantart.com/fs44/f/2009/059/8/1/Self_portrait_desktop_by_MelonCat.png
:).
in other news I'm thinking of doing another entry.
sr1973
07-23 12:22 AM
I just created this thread but unable to see in the main page. If anyone seeing this thread, please post.
b3mus3d
11-11 08:11 AM
Oh that's flipping typical, I think my hosting went down.
Right, I'll just set up a photobucket account for the moment...
http://i28.photobucket.com/albums/c239/b3mus3d/stamp5.png
http://i28.photobucket.com/albums/c239/b3mus3d/stamp4.png
http://i28.photobucket.com/albums/c239/b3mus3d/stamp3.png
http://i28.photobucket.com/albums/c239/b3mus3d/stamp6.png
There, that's not all of them but my hosting should be back soonish.
Right, I'll just set up a photobucket account for the moment...
http://i28.photobucket.com/albums/c239/b3mus3d/stamp5.png
http://i28.photobucket.com/albums/c239/b3mus3d/stamp4.png
http://i28.photobucket.com/albums/c239/b3mus3d/stamp3.png
http://i28.photobucket.com/albums/c239/b3mus3d/stamp6.png
There, that's not all of them but my hosting should be back soonish.
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