a_yaja
09-13 10:37 AM
I'll be graduating from med school next year. Per student counsel/student affair office, my seniors are qualified med professionals and are eligible for eb2 category.
Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?
Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.
Thanks,
You should be able to file H1B directly without becoming a student first. Since you already have an EAD (I assume that you have one since you are AOS), you don't even need to file a H1. However, it is your choice to file H1 or not. You do not need to be on a H1 to file for Labor, I-140, etc. You can do that while on AOS.
Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?
Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.
Thanks,
You should be able to file H1B directly without becoming a student first. Since you already have an EAD (I assume that you have one since you are AOS), you don't even need to file a H1. However, it is your choice to file H1 or not. You do not need to be on a H1 to file for Labor, I-140, etc. You can do that while on AOS.
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dan19
08-22 03:23 PM
Hello EB2ToEB3
Do you remember whether your job requirement specifically asked for BS in CS or just BS in Engineering?
Thanks for your earlier reply.
Dan
I doubt that you need BS in CS. I have a BS degree in Chem engg but recently my I-140 got approved without any issue.
Do you remember whether your job requirement specifically asked for BS in CS or just BS in Engineering?
Thanks for your earlier reply.
Dan
I doubt that you need BS in CS. I have a BS degree in Chem engg but recently my I-140 got approved without any issue.
desi3933
03-19 11:14 AM
Is it still possible to transfer your H1B to another employer
Yes
... and return back to USA on the old visa?
No. You will need new visa stamp.
Yes
... and return back to USA on the old visa?
No. You will need new visa stamp.
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itsmesabby
08-27 01:16 PM
Even I have moved a bit in the past and hence provided one address of a family member for all GC related communication.
A lot of times people have multiple properties that they rent out in one state and they themselves work and live in a seperate state. So you would be fine, else you would have to update your address every 4 months and will have to make sure by calling etc that the address was updated in time.
A lot of times people have multiple properties that they rent out in one state and they themselves work and live in a seperate state. So you would be fine, else you would have to update your address every 4 months and will have to make sure by calling etc that the address was updated in time.
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giddu
06-27 12:21 PM
June 18, 2007, ( Premium Processing)
gcformeornot
05-04 11:03 AM
http://aila.org/content/default.aspx?docid=31886
I hope this works out and they implement for every service center....
I hope this works out and they implement for every service center....
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pmpforgc
12-28 11:06 PM
Hi
In this line Can H-1 B or H-4 can Invest in Shares and Mutual funds DIRECTLY? not through ORP or other company institutions as there is no direct involvment of H-1 B employee.
In this line Can H-1 B or H-4 can Invest in Shares and Mutual funds DIRECTLY? not through ORP or other company institutions as there is no direct involvment of H-1 B employee.
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sw33t
11-04 11:52 PM
Alright folks:
I need your help. We have 87 registered members in the Texas State Chapter and we have decided to shoot for 100 by the end of this week.
If you are from Texas or know someone living in Texas, I request you to urge them to sign-up with the Texas State Chapter.
We have some exciting events coming up and please use this opportunity to get notified of local events, critical updates and action items.
Existing texas members, please keep this thread alive!
GO OPERATION 100!!!!
I need your help. We have 87 registered members in the Texas State Chapter and we have decided to shoot for 100 by the end of this week.
If you are from Texas or know someone living in Texas, I request you to urge them to sign-up with the Texas State Chapter.
We have some exciting events coming up and please use this opportunity to get notified of local events, critical updates and action items.
Existing texas members, please keep this thread alive!
GO OPERATION 100!!!!
more...
glus
11-11 08:36 PM
Hi,
Looking at the number of 485s pending for ROW EB3 with PD of years 2001 and 2002, I do not quite understand why the dates have not moved. We need to ask this question to someone. It does not make any sense.
Looking at the number of 485s pending for ROW EB3 with PD of years 2001 and 2002, I do not quite understand why the dates have not moved. We need to ask this question to someone. It does not make any sense.
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hariswaminathan
06-21 11:52 PM
Got this from the Chennai US consulate website.
I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.
B-1 in Lieu of H
Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:
Hold the equivalent of a U.S. bachelor�s degree
Plan to perform H-1B-caliber work or training
Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
The task can be accomplished in a short period of time.
These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.
Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.
Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.
When seeking a visa for this purpose, please clearly explain this in the applicant�s BEP cover letter.
If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation �B-1 in lieu of H.� These visas may not be used for pleasure travel.
The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler�s duties, length of stay and remuneration plans.
I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.
B-1 in Lieu of H
Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:
Hold the equivalent of a U.S. bachelor�s degree
Plan to perform H-1B-caliber work or training
Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
The task can be accomplished in a short period of time.
These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.
Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.
Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.
When seeking a visa for this purpose, please clearly explain this in the applicant�s BEP cover letter.
If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation �B-1 in lieu of H.� These visas may not be used for pleasure travel.
The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler�s duties, length of stay and remuneration plans.
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priti8888
08-01 07:59 PM
guys, I appreciate the Mr Zoe's gesture , but I dont really think fees is a big issue here. If a company pays, its not an applicants problem. If the applicant pays, few thousand dollars extra will make us any poorer..
The problem is the huge backlog, 140000 limit, per country limit, visas being wasted while ppl wait for years.....
She has so much power, she should lobby for visa recapture
The problem is the huge backlog, 140000 limit, per country limit, visas being wasted while ppl wait for years.....
She has so much power, she should lobby for visa recapture
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kirupa
07-21 03:12 AM
Well, I'm pretty biased since I work on the Expression Blend team :beam:
Silverlight is a great alternative for the numerous developers who already have knowledge in C# and want a way to port their desktop applications to run on the web. Silverlight 2 is basically a lite version of WPF which is quite a powerful framework for creating desktop apps.
The combination of Visual Studio for coding and something like Expression Blend for the design makes creating Silverlight applications extremely simple - especially for the numerous individuals out there who don't have any knowledge in ActionScript but do have a more formal background in Java, C++, VB, etc. You can even import and use assets created in 3rd party apps such as Fireworks (which is what I do), Photoshop, etc. as well.
Temp - you do know that Java is probably one of the most widely used platforms a whole host of applications right? :P
Silverlight is a great alternative for the numerous developers who already have knowledge in C# and want a way to port their desktop applications to run on the web. Silverlight 2 is basically a lite version of WPF which is quite a powerful framework for creating desktop apps.
The combination of Visual Studio for coding and something like Expression Blend for the design makes creating Silverlight applications extremely simple - especially for the numerous individuals out there who don't have any knowledge in ActionScript but do have a more formal background in Java, C++, VB, etc. You can even import and use assets created in 3rd party apps such as Fireworks (which is what I do), Photoshop, etc. as well.
Temp - you do know that Java is probably one of the most widely used platforms a whole host of applications right? :P
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dealsnet
07-27 02:03 PM
Since you are in tight spot, you need to consult good and experienced lawyers.
Do not go to an ordinary lawyer for this.
Consult good lawyers such as SHUSTERMAN Immigration Attorneys, Consultation with an Immigration Lawyer, IMMIGRATION TO THE UNITED STATES: THE ESSENTIAL GUIDE, U.S. Immigration. Written by a Former INS Trial Attorney (1976-82) with Over 30 Years of Immigration Law Experience. Law Offices of (http://shusterman.com), Murthy, Khanna, Ron Gotcher Welcome to the Immigration Information (ImmInfo) main page. (http://imminfo.com/)
You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.
Do not go to an ordinary lawyer for this.
Consult good lawyers such as SHUSTERMAN Immigration Attorneys, Consultation with an Immigration Lawyer, IMMIGRATION TO THE UNITED STATES: THE ESSENTIAL GUIDE, U.S. Immigration. Written by a Former INS Trial Attorney (1976-82) with Over 30 Years of Immigration Law Experience. Law Offices of (http://shusterman.com), Murthy, Khanna, Ron Gotcher Welcome to the Immigration Information (ImmInfo) main page. (http://imminfo.com/)
You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.
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suren
10-07 01:09 PM
My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
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MCQ
08-07 05:20 PM
Billboard - i understand your employer's concern - when I used AC21 back in 2003, with EAD, it was a struggle to get employers that would take me on - for similar concerns. I eventually found one, a startup in CA, that would. Their attitude was that their HR people tagged the expiration date of every doc, type of doc and immigration status of every employee they accepted for I-9 purposes, and had it enetered into a database linked to their mail system - every week it would email out to HR a list of docs that would expire for non-citizens and HR then worked with those folks to make sure docs like EAD's were being renewed etc.
A little proactive due diligence, common sense and not so modern technology will easily help keep the employer comliant and more receptive to folk on EAD.
I eventually got my GC from these same guys and this month will file N-400 for citizenship.
McQ
A little proactive due diligence, common sense and not so modern technology will easily help keep the employer comliant and more receptive to folk on EAD.
I eventually got my GC from these same guys and this month will file N-400 for citizenship.
McQ
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beautifulMind
05-03 07:06 AM
I have still not received the approved I-140. I am hoping it would have the old date since I request priority date transfer.
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saketkapur
05-07 12:43 PM
Its not mandatory.....you can file it anytime........its totally up to you and your immigration lawyer depending on your situation.
You will still need to meet the requirements of wage and same or similar job criteria whenever(if) you decide to file it or get an RFE.
You will still need to meet the requirements of wage and same or similar job criteria whenever(if) you decide to file it or get an RFE.
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MannyD
09-07 07:34 PM
This poll should also collect the year of PD and whether they have any dependents.
OK, sorry I missed that critical data! Depending upon response to this, I will create one with "year" later. Thanks
OK, sorry I missed that critical data! Depending upon response to this, I will create one with "year" later. Thanks
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dionysus
03-18 02:32 AM
I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
chnaveen
06-09 06:46 PM
After the July 2007, there was July 2008, and then July 2009 before July 2010.
So no need to think about that July 2007 every now and then.
We should do our best like the one we just had, the Advocacy days in DC.
We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?
Let us start the prediction, analysis, etc, game for the July Bulletin.
So no need to think about that July 2007 every now and then.
We should do our best like the one we just had, the Advocacy days in DC.
We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?
Let us start the prediction, analysis, etc, game for the July Bulletin.
kevinkris
01-11 02:00 PM
Hi,
Thanks for this service.
I had applied for my I-485 in the July 2007 fiasco and i have my EAD and AP renewed every 2 /1 years. My I-140 is approved in Mar 2008.
Now i got a full time opportunity with a company and i want to know which option is best for me. I have my H1 visa valid till 2011 November and i am now in 5th year of my H1.
Shall i use H1 transfer to move to new company which offered me full time job or use EAD?
Which is safer for me? And do i need to apply AC21 or is it optional? Most of my friends are saying to not to apply for AC21.
If i use EAD and if my I-485 has any issues, what will be my status?
Thanks for your help.
Thanks for this service.
I had applied for my I-485 in the July 2007 fiasco and i have my EAD and AP renewed every 2 /1 years. My I-140 is approved in Mar 2008.
Now i got a full time opportunity with a company and i want to know which option is best for me. I have my H1 visa valid till 2011 November and i am now in 5th year of my H1.
Shall i use H1 transfer to move to new company which offered me full time job or use EAD?
Which is safer for me? And do i need to apply AC21 or is it optional? Most of my friends are saying to not to apply for AC21.
If i use EAD and if my I-485 has any issues, what will be my status?
Thanks for your help.
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