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h1bnogc
08-28 10:52 PM
When I went on a vacation to India, I had a valid H1B visa stamp that was valid for 30 more days. I also had an approved petition for extension.
I could have gone for stamping, but I chose not to and when I came back I showed them my H1B visa which was valid for 10 more days and also my extension petition. I was sent to Secondary Inspection (you can also be sent here in case you have an AP, nothing to be worried about SI, it very common nowadays). In that, a senior IO looked at both and then stamped my I-94 till the end of the extension petition (Oct 2010).
Though your situation is slightly different - you dont have a valid H1B stamp when you go to India, you can go to consulate and get it stamped with current H1B petition and while coming back you need to show the IO at counter both the VISA and the extension. Better yet, as some-one suggested, present both petitions to embassy in India and see how they handle it.
Have a safe trip..
sbay2006: Could you please share your experience during secondary inspection? thanks!
I could have gone for stamping, but I chose not to and when I came back I showed them my H1B visa which was valid for 10 more days and also my extension petition. I was sent to Secondary Inspection (you can also be sent here in case you have an AP, nothing to be worried about SI, it very common nowadays). In that, a senior IO looked at both and then stamped my I-94 till the end of the extension petition (Oct 2010).
Though your situation is slightly different - you dont have a valid H1B stamp when you go to India, you can go to consulate and get it stamped with current H1B petition and while coming back you need to show the IO at counter both the VISA and the extension. Better yet, as some-one suggested, present both petitions to embassy in India and see how they handle it.
Have a safe trip..
sbay2006: Could you please share your experience during secondary inspection? thanks!
bitzbytz
07-13 03:14 PM
do i need to send flowers to everyone so that you can ignore this thread...i agree that this forum is not the place for my question. i hope u understand.
stucklabor
03-11 12:12 PM
Thanks buddy. That was the answer I was looking for.
No probs, we owe as much for all the hours you have put in with the EB number analysis.
But why don't you still talk to your lawyer about the blank line 14? In my case my educational qualifications were listed and so on.
No probs, we owe as much for all the hours you have put in with the EB number analysis.
But why don't you still talk to your lawyer about the blank line 14? In my case my educational qualifications were listed and so on.
bikram_das_in
03-04 04:53 PM
Congrats bro. You deserve every bit of the green.
more...
reachinus
11-19 03:55 PM
1. My friend is on H1 and have EAD (June'07 filer) for both him and his spouse... his spouse (secondary aplicant) is currently working on her EAD.. If his company lays him off... Would his wife have any effect on her employment?
No
2. Could he renew my EAD/AP on my own with no employer support (despite he has no job)
Yes
3. What if he goes to India on AP (or otherwise).. would that have effect on his wife's EAD/employment?
No
3a. If he goes to India on AP.. for how long could he go?
Untill the day before the expiry of AP
4. Could he take up any job and keep switching till priority date becomes current?
Yes. but advisible to stay in same or similiar job
5. Also what happens if and when priority date becomes current?
Should obtain an EVL from the Current\Future employer assuring a full time permanent job.
No
2. Could he renew my EAD/AP on my own with no employer support (despite he has no job)
Yes
3. What if he goes to India on AP (or otherwise).. would that have effect on his wife's EAD/employment?
No
3a. If he goes to India on AP.. for how long could he go?
Untill the day before the expiry of AP
4. Could he take up any job and keep switching till priority date becomes current?
Yes. but advisible to stay in same or similiar job
5. Also what happens if and when priority date becomes current?
Should obtain an EVL from the Current\Future employer assuring a full time permanent job.
mattresscoil
11-05 02:42 PM
They might not necessarily ask you, but its always safe to have the below documents.
In our case, they asked us once and the other time, they did not care.
1. Copies of Passport of both the parents (page with picture and name details)
2. A letter authorizing your in-laws to accompany your daughter.
Get it notarized if you can. If not, send the signed copies.
If you need a format for the letter(nothing fancy, was drafted by myself), let me know, I can dig out the one I used.
dipmay2002, never_giveup:
Thanks for the information. I drafted a letter with itinerary, our details, child details, accompanying passenger details, our passport pages, birth certificate. We will get the letter notarized at the bank close by.
Thank you all for the inputs. It feels great to belong to this forum where people respond not only to immigration related queries but general issues that prospective immigrants face. Thanks to those who voice their opinions too ;-)
In our case, they asked us once and the other time, they did not care.
1. Copies of Passport of both the parents (page with picture and name details)
2. A letter authorizing your in-laws to accompany your daughter.
Get it notarized if you can. If not, send the signed copies.
If you need a format for the letter(nothing fancy, was drafted by myself), let me know, I can dig out the one I used.
dipmay2002, never_giveup:
Thanks for the information. I drafted a letter with itinerary, our details, child details, accompanying passenger details, our passport pages, birth certificate. We will get the letter notarized at the bank close by.
Thank you all for the inputs. It feels great to belong to this forum where people respond not only to immigration related queries but general issues that prospective immigrants face. Thanks to those who voice their opinions too ;-)
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styrum
02-13 11:50 AM
Remember: for Job Zone IV position requirements to be considered "normal" (highly advisable to keep them as such!) AND be suitable for EB2, the position must require MS and 0 yrs of experience. But the applicant may have BS+5 years of experience (then you will need reference letters from PREVIOUS employers) to qualify for such position and EB2. For a position falling into job zone V you can safely require MS+ experience. Nobody will deny the application if you are overqualified (have more years of experience than the position requires), but make sure you have at least as many, and remember you can't count your experience acquired with the same employer who files the PERM!
http://online.onetcenter.org/help/online/zones
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
(if the link above doesn't work, go www.uscis.gov, then Services & Benefits > Employer Information>EB-2 Eligibility and Filing)
http://online.onetcenter.org/help/online/zones
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
(if the link above doesn't work, go www.uscis.gov, then Services & Benefits > Employer Information>EB-2 Eligibility and Filing)
hpandey
11-11 11:06 AM
Either it is all a big mystery or a conspiracy. I agree with you that there can't be so many people from EB3-ROW from 2002 still waiting for their GC . Same with India and China. They are still sitting at 1st May 2001. I wonder how many people filed in 2001 that even after 10 years USCIS is still processing their cases.
There is something going on behind the scenes and breaking ( or bending of the rules ). They could easily have prevented visa wastage all these years so the backlog could be reduced but do they ? Who's preventing them from using up all the visas and doing what is best for the applicants .
There is something going on behind the scenes and breaking ( or bending of the rules ). They could easily have prevented visa wastage all these years so the backlog could be reduced but do they ? Who's preventing them from using up all the visas and doing what is best for the applicants .
more...
coopheal
11-07 06:51 AM
Contribute now so that IV dont have to pass an opportunity during lame duck session or early next year.
malaGCPahije
08-11 10:45 AM
Thank you for initiating this!
I just followed your effort.
What is the purpose of this poll? Why start from 2005 (and not from 2001) ?
I just followed your effort.
What is the purpose of this poll? Why start from 2005 (and not from 2001) ?
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uma001
11-16 04:56 PM
Hi,
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
This is the first case I am seeing like this. USCIS decided to scrutinize to maximum extent so that not many H1 guys get green cards
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
This is the first case I am seeing like this. USCIS decided to scrutinize to maximum extent so that not many H1 guys get green cards
RNGC
02-04 10:15 PM
I know about the "same or similar" clause in AC21. How many of you have got a RFE/Problems based on just this clause alone ?
Also, If you filed labor 3 years ago for software programmer, in 3 years, you could have become a system analyst, DBA or system Architect etc etc, So, how does "same or similar" matter here ?
Also, It will be helpful if we have a forum category "AC21", Admin, please consider this.
Thanks for all your inputs.
Also, If you filed labor 3 years ago for software programmer, in 3 years, you could have become a system analyst, DBA or system Architect etc etc, So, how does "same or similar" matter here ?
Also, It will be helpful if we have a forum category "AC21", Admin, please consider this.
Thanks for all your inputs.
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chanduv23
09-03 09:51 PM
If it is in one of the three locations listed(Jersey City or Edison or Bridgewater ), I will be able to make it, as I expect to be in the Philadelphia region during that time. Anyone interested in carpooling can mail me at sertasheep AT immigration voice. org
Point of Departure: Malvern, PA
Other points of pickups possible: Exton/Frazer, PA; King of Prussia, PA;
Can accomodate upto 4 more people in my vehicle
Great - thanks for offering car pool options. Venue will be finalised soon.
Point of Departure: Malvern, PA
Other points of pickups possible: Exton/Frazer, PA; King of Prussia, PA;
Can accomodate upto 4 more people in my vehicle
Great - thanks for offering car pool options. Venue will be finalised soon.
sam2006
10-01 08:10 PM
Folks
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11
... He has been told that salary will be paid for 3 months
Right now he is at home and looking for other offers and no H1b transfer has been started
Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP
thanks
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11
... He has been told that salary will be paid for 3 months
Right now he is at home and looking for other offers and no H1b transfer has been started
Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP
thanks
more...
perm
08-13 10:09 AM
This is nice. I am in too
desi3933
06-22 08:23 AM
I-485 can be rejected if filed with incomplete initial evidence.
Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word “Sorry”.
It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.
Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.
Agree.
Initial Evidence for I-485 includes
1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
2. Employment Letter (for GC job)
3. Proof that person is maintaining valid status in USA since last entry in USA
Not a legal advice
----------------------------------
Permanent Resident since May 2002
Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word “Sorry”.
It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.
Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.
Agree.
Initial Evidence for I-485 includes
1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
2. Employment Letter (for GC job)
3. Proof that person is maintaining valid status in USA since last entry in USA
Not a legal advice
----------------------------------
Permanent Resident since May 2002
more...
whoever
07-20 01:56 PM
we did the same. it seems your marriage in india was just marriage ceremony and not legal marriage.
gc28262
07-15 05:43 PM
This memo was discussed extensively on this forum in the past and many lawyers have given their opinion.
Summary: You don't need to worry. As long as you are on AOS, you are authorized to stay in the country irrespective of your I-94 expiry date.
Here is the memo
http://www.uscis.gov/files/nativedocuments/revision_redesign_AFM.PDF
Here is what Ron Gotcher said:
I don't care what the non-binding policy memo says, it can't trump a duly promulgated regulation. Indeed, I don't think that they were trying to do that. The problem stems from the fact that the policy memo is a lot of inarticulate babble and is very hard to decipher. In any case, it is a memo, not a statute or a regulation and it must bow in the face of a regulation with contradictory information.
Here is another link:
http://immigrationvoice.org/forum/506251-post13.html
Summary: You don't need to worry. As long as you are on AOS, you are authorized to stay in the country irrespective of your I-94 expiry date.
Here is the memo
http://www.uscis.gov/files/nativedocuments/revision_redesign_AFM.PDF
Here is what Ron Gotcher said:
I don't care what the non-binding policy memo says, it can't trump a duly promulgated regulation. Indeed, I don't think that they were trying to do that. The problem stems from the fact that the policy memo is a lot of inarticulate babble and is very hard to decipher. In any case, it is a memo, not a statute or a regulation and it must bow in the face of a regulation with contradictory information.
Here is another link:
http://immigrationvoice.org/forum/506251-post13.html
hellomms
05-27 03:29 PM
Guys, I have added information in the original thread, please refer to the link below and add your questions, concerns or comments there.
http://immigrationvoice.org/forum/showthread.php?t=18853&page=16#post251110
http://immigrationvoice.org/forum/showthread.php?t=18853&page=16#post251110
makemygc
08-01 09:36 AM
The link on USCIS page sends only the user id thru email. It does not send password.
Once you get your userid. Click on the forgot password link again and enter both your userid and email address, it will send you a link to reset your password.
If you just enter the email address, it will only send the userid.
Try this. I helped one of my friend yesterday to get his password reset.
Once you get your userid. Click on the forgot password link again and enter both your userid and email address, it will send you a link to reset your password.
If you just enter the email address, it will only send the userid.
Try this. I helped one of my friend yesterday to get his password reset.
gc_chahiye
07-13 12:51 AM
What do you think is this big news coming out in 24 hours or on Monday?
