yogirajd
11-10 02:00 AM
Have you done a fulltime MBA from India?
Yes
Yes
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amsgc
09-10 12:08 AM
You should request your new employer to do Premium Processing on your H-1B petition.
You will get a response from USCIS in 2 weeks and you will know for sure whether it has been approved/rejected or if USCIS needs more evidence. If it is approved, you will also know whether it was approved with Change of status (i.e. I94 attached), or whether you are required to leave the country and re-enter on a H-1B visa.
If new evidence needs to be submitted, then you will get a response within two weeks of submitting additional evidence.
The fee for Premium processing is $1000. Note that the beneficiary of the petition (you in this case) is legally allowed to pay the fee for premium processing. But, only the petitioner (your future employer) can file the application for Premium processing.
As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen.
The lawyers on this forum can advise you better.
i don't know what to do right now.i stayed over april 2009 which is the end of my i-94 because i have a pending petition of immigrant as a nurse.And my lawyer said i am allowed to stay until october 2009. But now the problem is I was filed as H1b by another employer so is it possible that they will approve me here?My lawyer said that when i received already the notice of receipt i can stay here while waiting for the approval.And when my approval comes with 1-94 on it i don't have to leave the US but when it has been approved without i-94 i will leave the US for consular processing asap and re-enter here as h1 status.HELP i really don't know what to believe anymore!at the moment i am waiting for my notice of receipt in h1b visa.I only have until oct to get a result for the approval!please advice me what is the best I can do!THANKS:)
You will get a response from USCIS in 2 weeks and you will know for sure whether it has been approved/rejected or if USCIS needs more evidence. If it is approved, you will also know whether it was approved with Change of status (i.e. I94 attached), or whether you are required to leave the country and re-enter on a H-1B visa.
If new evidence needs to be submitted, then you will get a response within two weeks of submitting additional evidence.
The fee for Premium processing is $1000. Note that the beneficiary of the petition (you in this case) is legally allowed to pay the fee for premium processing. But, only the petitioner (your future employer) can file the application for Premium processing.
As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen.
The lawyers on this forum can advise you better.
i don't know what to do right now.i stayed over april 2009 which is the end of my i-94 because i have a pending petition of immigrant as a nurse.And my lawyer said i am allowed to stay until october 2009. But now the problem is I was filed as H1b by another employer so is it possible that they will approve me here?My lawyer said that when i received already the notice of receipt i can stay here while waiting for the approval.And when my approval comes with 1-94 on it i don't have to leave the US but when it has been approved without i-94 i will leave the US for consular processing asap and re-enter here as h1 status.HELP i really don't know what to believe anymore!at the moment i am waiting for my notice of receipt in h1b visa.I only have until oct to get a result for the approval!please advice me what is the best I can do!THANKS:)
hydboy77
07-14 01:59 PM
I dont mean to be greedy or selfish but from a purely technical analysis this is extremely bad news for EB2\Eb3 India and China folks. Eb4 and Eb5 account for 10% of the 140000 EB green cards every year. If EB4 and Eb5 were discontinued these visas would have spilled over into Eb1,2,3 category. With the Eb4 and Eb5 extension in the senate bill we are screwed royally. There is heavy misuse in the Eb4 category, so much so that it Eb4 and EB5 may retrogress for India!!!!, there will never be any spillover from this category.
What amazes me is congress has been consistently backing eb4 and eb5 every year by extending it but nobody cares about eb2 and eb3. Not even provisions like STEM are making it.
To people who say stem will not happen, visa recapture will not happen and only solution is CIR because hispanic caucus or anti immigrants will not allow piece meal immigration legislation, I wonder how EB4 and Eb5 are consistenly being passed every year by the congress.
What amazes me is congress has been consistently backing eb4 and eb5 every year by extending it but nobody cares about eb2 and eb3. Not even provisions like STEM are making it.
To people who say stem will not happen, visa recapture will not happen and only solution is CIR because hispanic caucus or anti immigrants will not allow piece meal immigration legislation, I wonder how EB4 and Eb5 are consistenly being passed every year by the congress.
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sparklinks
06-16 09:55 PM
In my case they made 4-5 attempts before it was delivered...
To whom they tried to deliver....basically its PO box..no signature required for PO boxes.
To whom they tried to deliver....basically its PO box..no signature required for PO boxes.
more...
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Pegasus503
11-28 08:55 AM
Focus on the core issues (if you care), not on extraneous stuff. For petes sake, it is already approved, seems like most of us are only focussed on our own backs or riding on others.
cygent I disagree with you.
this journey for me started 5 years ago, at this stage I'll take whatever piece of information, trend or experience I can get to better understand the process.
lets be honest, USCIS have been less than helpful in providing updates and many lawyers are as lost as we are
so I'll take whatever extraneous stuff I can get, not just to understand my case, but to see the trends with other people too
cygent I disagree with you.
this journey for me started 5 years ago, at this stage I'll take whatever piece of information, trend or experience I can get to better understand the process.
lets be honest, USCIS have been less than helpful in providing updates and many lawyers are as lost as we are
so I'll take whatever extraneous stuff I can get, not just to understand my case, but to see the trends with other people too
desi3933
02-18 01:43 PM
Well, thanks all for your responses, but I am as cfused as I was before I posted the question. Do any of you have any sources to back your claims. I know for sure that worldwide income has to be reported, so thanks for that clarification desi3933. But do you have a source that mentions that a person on H4 can for sure work outside. Many thanksa again guys. All your help is appreciated.
I just checked and earlier info was incorrect. Please accept my apologies for providing incorrect info.
It is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H4 status holders can only do voluntary work.
_____________________
Not a legal advice.
US citizen of Indian origin
I just checked and earlier info was incorrect. Please accept my apologies for providing incorrect info.
It is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H4 status holders can only do voluntary work.
_____________________
Not a legal advice.
US citizen of Indian origin
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somegchuh
11-13 05:38 PM
So just to have the last word you somehow went in deleted all the following posts after your post? Good going!
Some people are really highly sprung and get mad very quickly!
If you had expressed yourself better (from your first post, I believed you wanted to file by yourself), I wouldn't have bothered with my response.
Saying that, you are right: attorneys do screw up. It happened to me...
But practically speaking, considering how complex a file can be, good luck to you on checking an attorney's job.
Some people are really highly sprung and get mad very quickly!
If you had expressed yourself better (from your first post, I believed you wanted to file by yourself), I wouldn't have bothered with my response.
Saying that, you are right: attorneys do screw up. It happened to me...
But practically speaking, considering how complex a file can be, good luck to you on checking an attorney's job.
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chint001
11-27 11:19 PM
I don't have an answer to your question, but it seems a Cognovit Promisory Note could exist only between a creditor and debtor, not between an employer and employee.
I am really surprised your employer went to this circuitous way to bond you for your employment obligation. Do take your note's language and consult a good attorney. This is some uncharted territory. Shows how creative these unscrupulous employers are. Still you may have a way out, if you can prove it is employment obligation related.
I thought the same thing but then I researched some more and I found out that this kind of notes basically gives the holder the power to go to court and get (easily), a court order to retrieve the owned amount from the other party's account. It generally applies to a Creditor Debtor relationship, but doesnt end there. ( i may be wrong ).
Dont be surprised, the guys is covering all corners, so that in no way he gets in trouble. it just instates that fact he's good, which somehow doesnt work in my favour.
I guess you are right, attorney is the best way to go about it.
will post my out come here soon.
Till then please post your comments or views here.
Appreciate the responses!
I am really surprised your employer went to this circuitous way to bond you for your employment obligation. Do take your note's language and consult a good attorney. This is some uncharted territory. Shows how creative these unscrupulous employers are. Still you may have a way out, if you can prove it is employment obligation related.
I thought the same thing but then I researched some more and I found out that this kind of notes basically gives the holder the power to go to court and get (easily), a court order to retrieve the owned amount from the other party's account. It generally applies to a Creditor Debtor relationship, but doesnt end there. ( i may be wrong ).
Dont be surprised, the guys is covering all corners, so that in no way he gets in trouble. it just instates that fact he's good, which somehow doesnt work in my favour.
I guess you are right, attorney is the best way to go about it.
will post my out come here soon.
Till then please post your comments or views here.
Appreciate the responses!
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sujan_vatrapu
10-28 04:12 PM
except very few most of the republicans are for legal immigration,
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brij523
02-17 10:59 PM
Sent you a PM
Thank you.
Any IV core member will like to join the call? It would be better.
Thank you.
Any IV core member will like to join the call? It would be better.
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sankar_203
09-25 02:40 PM
In my case, H1B already expired. I have used it for 7 years. Now I am on EAD after 7 years of H1B.
In that case you are going to file H1-B based on your 140 approval..Since you are in 7th year..you may get 2 years of H1-B.. it would be good back up for your 485..you know these days employers are doing crazy things and USCIS is making mistakes and i have also noticed your PD , may 2007 so we have a long way to go on this ship..
In that case you are going to file H1-B based on your 140 approval..Since you are in 7th year..you may get 2 years of H1-B.. it would be good back up for your 485..you know these days employers are doing crazy things and USCIS is making mistakes and i have also noticed your PD , may 2007 so we have a long way to go on this ship..
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lost_in_gc_land
10-26 11:40 AM
Check processing times online for your service center.
I believe Nebraska Service Center is processing the July 2, 2007 receipt dates so you should be seeing it soon.
If you are travelling you can also contact the local service center and talk to the director over there regarding this to explain your case (but I doubt this will help too much without a good reason)
Hang in there (I am right there will you).
I believe Nebraska Service Center is processing the July 2, 2007 receipt dates so you should be seeing it soon.
If you are travelling you can also contact the local service center and talk to the director over there regarding this to explain your case (but I doubt this will help too much without a good reason)
Hang in there (I am right there will you).
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abracadabra
06-02 04:46 PM
E-Filing Support <e-filing.support@dhs.gov> send email, you should get it very fast
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authrd
07-26 02:31 PM
superdude,
I did change the title. I apologise about the original title which i accept was ambiguous.
however, I was not making any assumption.
if you read my message carefully, i asked a question. I asked if W2s and/or paystubs would be enough to prove that you have always been in lawful status. And I put a context around it by saying"assuming i do not have all of my I797s and I94s". What I meant was "in the case I do not have all of my prior I797s and I94s"
I did change the title. I apologise about the original title which i accept was ambiguous.
however, I was not making any assumption.
if you read my message carefully, i asked a question. I asked if W2s and/or paystubs would be enough to prove that you have always been in lawful status. And I put a context around it by saying"assuming i do not have all of my I797s and I94s". What I meant was "in the case I do not have all of my prior I797s and I94s"
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Michael chertoff
02-16 08:48 AM
i was sure some one will come with this info...let the fight begin..:d
lol
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bigboy007
07-31 10:08 PM
No Proof will work, if you receive packet after 17th Aug. So hope for best or will file on oct again :)
Are you sure about this ? i heard that we can refile with proper quotes saying a filing fee was indeed issued etc ? any comments please?
Are you sure about this ? i heard that we can refile with proper quotes saying a filing fee was indeed issued etc ? any comments please?
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no_more_anger
12-21 07:10 PM
I am confused by why the priority dates for EB2 is worse than EB3. Could someone explain?
It's because of retrogression. Example....
Case 1:
John applied in EB3 in 2002, had his labor/140 cleared.
John changed companies in 2005, now was eligible for EB2. Used older priority date.
Now John has 2002 PD in EB2.
Case 2:
BEC labors coming through.
Case 3:
Non-RIR cases getting approved (note that non-RIR labor takes a long time, ~4-5 yrs)
Whether to choose EB-2 or EB-3 is hard.
Fresh blood coming on H1 will typically be EB3. But by the time their visa numbers
become available, they might move to EB2. Or maybe they won't if EB2 worsens. Right
now I think it's a fair game between the 2 categories (IMHO).
If 140 premium starts again, then it might get crazy. Apply for new PERM (choose the least retrogressed category), apply for 140.....all in 5-6 months. Now port your PD from
whatever earlier 140 you had.
I don't think there is a rule that once you have a Labor/140 cleared from EB2, you can't
apply for a fresh labor for EB3 :-)
It's because of retrogression. Example....
Case 1:
John applied in EB3 in 2002, had his labor/140 cleared.
John changed companies in 2005, now was eligible for EB2. Used older priority date.
Now John has 2002 PD in EB2.
Case 2:
BEC labors coming through.
Case 3:
Non-RIR cases getting approved (note that non-RIR labor takes a long time, ~4-5 yrs)
Whether to choose EB-2 or EB-3 is hard.
Fresh blood coming on H1 will typically be EB3. But by the time their visa numbers
become available, they might move to EB2. Or maybe they won't if EB2 worsens. Right
now I think it's a fair game between the 2 categories (IMHO).
If 140 premium starts again, then it might get crazy. Apply for new PERM (choose the least retrogressed category), apply for 140.....all in 5-6 months. Now port your PD from
whatever earlier 140 you had.
I don't think there is a rule that once you have a Labor/140 cleared from EB2, you can't
apply for a fresh labor for EB3 :-)
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wandmaker
10-22 10:04 PM
Guys,
Here is a hypo situation, which I am sure we will be interested to know.,
What happens to a Wife's status on EAD, if the husband's 485 is in trouble, when both are working on EADs. Isnt her case independent once she also applied for 485/AP/EAD, or will there be a dependency,
Thanks
If she has filed 485 as a dependent then she is a dependent though out the process. Once you are in trouble and 485 gets declined - hers also invalid. Both will be illegal!!!
Here is a hypo situation, which I am sure we will be interested to know.,
What happens to a Wife's status on EAD, if the husband's 485 is in trouble, when both are working on EADs. Isnt her case independent once she also applied for 485/AP/EAD, or will there be a dependency,
Thanks
If she has filed 485 as a dependent then she is a dependent though out the process. Once you are in trouble and 485 gets declined - hers also invalid. Both will be illegal!!!
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ak_2006
06-21 03:37 PM
Did somebody do research on getting the correct/valid photos for I 485 in the cheapest possible way ?
Please look :
http://immigrationvoice.org/forum/showthread.php?t=5353
Look this link for photo related information.
http://travel.state.gov/passport/guide/guide_2081.html
http://travel.state.gov/visa/temp/info/info_1287.html
http://www.uscis.gov/files/nativedocuments/M-603.pdf
If possible, you can use AAA card for better/free photos.
But don't look for money, try to get best photos.
Please look :
http://immigrationvoice.org/forum/showthread.php?t=5353
Look this link for photo related information.
http://travel.state.gov/passport/guide/guide_2081.html
http://travel.state.gov/visa/temp/info/info_1287.html
http://www.uscis.gov/files/nativedocuments/M-603.pdf
If possible, you can use AAA card for better/free photos.
But don't look for money, try to get best photos.
joydiptac
05-12 02:28 PM
Hi Gurus please advice,
My 140 was approved in 2007 ,but today i got email from USCIS ,
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On May 12, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
Any idea, what would be the possible reason for this? Please advice.
BTW I recently applied for EAD extension.
I suggest you call the number given. Seems to me there was a mistake.
I remember getting a similar email for H1B some 2-3 years back even though my H1 was approved and I already received the I797. No issues though, they just sent another I797. :)
I guess this can happen if their Database was restored to an older backup. So they had to go thru some of the processing again.
My 140 was approved in 2007 ,but today i got email from USCIS ,
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On May 12, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
Any idea, what would be the possible reason for this? Please advice.
BTW I recently applied for EAD extension.
I suggest you call the number given. Seems to me there was a mistake.
I remember getting a similar email for H1B some 2-3 years back even though my H1 was approved and I already received the I797. No issues though, they just sent another I797. :)
I guess this can happen if their Database was restored to an older backup. So they had to go thru some of the processing again.
va_dude
05-07 04:23 PM
yes at TSC.
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