looivy
11-05 08:42 PM
My lawyer had said that as long as you were married before the primary applicant's I-485 was approved, the spouse can be added even after the approval.
I don't understand about going to home country and coming back? PLease explain.
I don't understand about going to home country and coming back? PLease explain.
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shivaniraina
07-26 08:13 AM
As you are exempt from the cap, you can start working as soon as you get new petition approval.
Also, I do not think stamping should make a difference in your suitation as HIB visa count is against the petition and not stamping. However, I would highly recommend that you speak to a lawyer.
Also, I do not think stamping should make a difference in your suitation as HIB visa count is against the petition and not stamping. However, I would highly recommend that you speak to a lawyer.
indyanguy
09-15 02:15 PM
How long do they want the EB3 NSC I-140s to suffer? Get us out of this black hole !!! :mad::mad:
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mohitb272
12-11 02:41 PM
hi mohit, my case is just the opposite, i joined as a Senior programmer, and my LC is filed as senior programmer and now I want to take up a job as a Business Analyst, not sure whether I can do it. See my case details in the signature. Thanks.
Hi there
I am asking the same question. I too want to take a job as a BA since that role is what I currently have for the last 4 yrs.
Are there any other ways to make this possible?
Hi there
I am asking the same question. I too want to take a job as a BA since that role is what I currently have for the last 4 yrs.
Are there any other ways to make this possible?
more...
sk.aggarwal
06-17 08:45 AM
I would suggest if you could get the perm process started ASAP. Now a days it is getting approved quite fast, you may be good. You may also want to ask your manager if you could work remotely from outside US for couple of months. As per my understanding, if say you are short of 4 months between your PD and H1 expiry date you can do one of the following
1. Shift to some other status like H4
2. Move out of country for 4 months. Your employer will need to get H1 extension and you new stamping.
But as soon as labor gets approved, you will need to file for I140 and your will be good for 3 more year.
This is just from my understanding. I am in similar boat. Going out of US for 6 weeks starting from July.
1. Shift to some other status like H4
2. Move out of country for 4 months. Your employer will need to get H1 extension and you new stamping.
But as soon as labor gets approved, you will need to file for I140 and your will be good for 3 more year.
This is just from my understanding. I am in similar boat. Going out of US for 6 weeks starting from July.
vin13
05-21 04:43 PM
Aha! He may have tricked you. He could have said you will get your GC by July. But did not mention the year.:D
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th5000th
07-10 05:51 PM
On June 9th, CIS provided the required data to VO. ????
a1b2c3....hang in there.....Sept might bring more good news.......
Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)
a1b2c3....hang in there.....Sept might bring more good news.......
Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)
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texcan
02-26 11:09 AM
I would like to find out if anybody here heard of H1B denial due to lack of MASTERS DEGREE IN PHYSICAL THERAPY.
When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.
Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.
I know this rule ( Masters required) was put in place about a few years back. I am surprised how come your employer or you did no know . There is a date/specific year, if you passed your PT before that date you can practice without a Masters.
if your pass out date is beyond that date you have to get a masters.
Solutions, not sure how well it can work at this time; but get a masters in PT.
Other solution can be is research to find out if any state still allows you to work without MS and take appropriate step to move to that state ( transfer license etc).
When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.
Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.
I know this rule ( Masters required) was put in place about a few years back. I am surprised how come your employer or you did no know . There is a date/specific year, if you passed your PT before that date you can practice without a Masters.
if your pass out date is beyond that date you have to get a masters.
Solutions, not sure how well it can work at this time; but get a masters in PT.
Other solution can be is research to find out if any state still allows you to work without MS and take appropriate step to move to that state ( transfer license etc).
more...
bijualex29
06-08 03:50 PM
Man I tell you, In India people openly takes bribes and they call it as bribes. He we makes it as an official word called Primium processing, I call it as Sofisicated word for bribe only.
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icecreamy
08-30 03:02 PM
oops ~ typo :P
Thanks!
I dont think you mean LUD on 485 correctly.
It has to be after ND.
Thanks!
I dont think you mean LUD on 485 correctly.
It has to be after ND.
more...
augustus
05-12 09:18 AM
Dear All,
Could you please advise, if we can port eb3 to eb2.
My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.
Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?
If yes, what should we be careful about and how should we go about it?
Sincerely,
Augustus
Could you please advise, if we can port eb3 to eb2.
My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.
Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?
If yes, what should we be careful about and how should we go about it?
Sincerely,
Augustus
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nagesh75
07-06 04:40 PM
I am currently working on using EAD. I went to India for a visit and came back to US on 7/7/08 using AP. On the form I-94 they mentioned my status as �Paroled� till 7/7/2009.
Does it mean I have to leave the country before that date and come back again to get the different date on I-94. Should I worry about the date mentioned on the I-94 form?
I know that, If we are on H1 we usually apply for the extension before our 94 expires so that we will get a new I-94 with new date. But in this case, since I not leaving the country how does this date will get changed in I-94 form.
Does it mean I have to leave the country before that date and come back again to get the different date on I-94. Should I worry about the date mentioned on the I-94 form?
I know that, If we are on H1 we usually apply for the extension before our 94 expires so that we will get a new I-94 with new date. But in this case, since I not leaving the country how does this date will get changed in I-94 form.
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san3297
08-31 12:35 PM
HI All,
I currently have 797 approval document from Nov 2009 to Nov 2012 and My current 797 document is valid till Nov 2009.When i was coming back from india last week at POE the immigration officer gave me I 94 dated till Nov 2009.I said to him that as i have 797 till Nov 2012 i should get I 94 till that date.But he insisted saying as the current document is still valid he can only go with that.He cant give me I 94 date on my future 797 starting from Nov 2009.I kept asking him for about 5 min but again dint wanted argue a lot as it was border security immigration.
So what should i do now.Can i stay here after Nov 2009 or i need to go to stamping and come back before Nov 2009.What are my options.I dont have any travel plans atleast a year from now.Do let me know is it mandatory for me to leave before Nov 2009.Also my New 797 as I 94 attached do you guys think if it is sufficient for me to stay here without any problems.
I currently have 797 approval document from Nov 2009 to Nov 2012 and My current 797 document is valid till Nov 2009.When i was coming back from india last week at POE the immigration officer gave me I 94 dated till Nov 2009.I said to him that as i have 797 till Nov 2012 i should get I 94 till that date.But he insisted saying as the current document is still valid he can only go with that.He cant give me I 94 date on my future 797 starting from Nov 2009.I kept asking him for about 5 min but again dint wanted argue a lot as it was border security immigration.
So what should i do now.Can i stay here after Nov 2009 or i need to go to stamping and come back before Nov 2009.What are my options.I dont have any travel plans atleast a year from now.Do let me know is it mandatory for me to leave before Nov 2009.Also my New 797 as I 94 attached do you guys think if it is sufficient for me to stay here without any problems.
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raysaikat
07-13 01:15 AM
Hi Ann:
I would like to ask related questions in this thread..
what if person does not get H1 extension approved because of this new employee-employer relationship memo, Can I stay in US on other visa (F2/F1) after H1 extension denial until my priority date become current? Do you see any problem in this option?
If you enter US on a non-immigrant VISA such as F1 or B1/B2, your GC would be considered abandoned.
Well if it is not OK, Go back to India, then apply for AOS once priority date become current. Is this option will work?
Many many thanks for your response...
You must be physically present in US to submit I-485.
I would like to ask related questions in this thread..
what if person does not get H1 extension approved because of this new employee-employer relationship memo, Can I stay in US on other visa (F2/F1) after H1 extension denial until my priority date become current? Do you see any problem in this option?
If you enter US on a non-immigrant VISA such as F1 or B1/B2, your GC would be considered abandoned.
Well if it is not OK, Go back to India, then apply for AOS once priority date become current. Is this option will work?
Many many thanks for your response...
You must be physically present in US to submit I-485.
more...
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milind70
09-16 02:16 PM
Hello Gurus,
I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.
My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.
Thanks in advance.
--Srinivas
Well if you have used EAD to join the new employer you have no other option but use valid AP for reentry, if you have used H1 transfer and if you plan to get the H1 stamping (if the passport H1 stamp is expired) then you enter normally,
if you already have a valid stamping in passport make sure you show the latest I 797 showing the latest employer whom you are currently working so the IO enters the correct employer details.
This travel will not have any impact as long as you have AP and the new employer is supporting you GC process( i meant was providing documents as requested by USCIS if any)
I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.
My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.
Thanks in advance.
--Srinivas
Well if you have used EAD to join the new employer you have no other option but use valid AP for reentry, if you have used H1 transfer and if you plan to get the H1 stamping (if the passport H1 stamp is expired) then you enter normally,
if you already have a valid stamping in passport make sure you show the latest I 797 showing the latest employer whom you are currently working so the IO enters the correct employer details.
This travel will not have any impact as long as you have AP and the new employer is supporting you GC process( i meant was providing documents as requested by USCIS if any)
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svam77
07-18 07:05 PM
Thanks for the replies !! I have everything ready as I was planning for concurrent filing. But since the decision was changed on July 2nd, my attorney just filed I 140.
sure, I would sign up for the contribution.
sure, I would sign up for the contribution.
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485Question
10-29 03:21 PM
Give a try if they can update it.
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duttasurajit
10-18 02:22 PM
I did some research and it seems for AC21 the job description matters and it should be same or similar. The job title may be different.
I think we should be fine but it is safe to take the opinion of at least two good immigration attorneys before proceeding.
I think we should be fine but it is safe to take the opinion of at least two good immigration attorneys before proceeding.
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msyedy
02-05 01:30 PM
Hi,
I am a doctor from India and came to US on B1/B2 visa. I have cleared my Step1 and step2 USMLE and preparing for CS Exam. I am looking for a observership or externship oppertunity.
I applied and called a lot of places but no luck because of my visa situation. Please let me know if anyone here knows of any hospitals offering observerships for IMGs.
Thanks
There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
I am a doctor from India and came to US on B1/B2 visa. I have cleared my Step1 and step2 USMLE and preparing for CS Exam. I am looking for a observership or externship oppertunity.
I applied and called a lot of places but no luck because of my visa situation. Please let me know if anyone here knows of any hospitals offering observerships for IMGs.
Thanks
There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
sky7
07-26 11:34 AM
hey njboy..thanks again for ur response.
Yes, i read about the I140 processing and EB3 goes first. But I already filed my I140 in June-06, can i still move that to PREMIUM PROCESSING? (I tried to find any rule/regulation on that...didn't see any). And how long does the PREMIUM Processing takes?
Looks like the average wait time at the Nebraska SC is 3-4 months, hmmm..should i spend that extra $1K? Maybe yes (if we are allowed to switch from regular to premium)...given the "efficiency" of the immigration processing in the US.
Thanks again
Sky
Yes, i read about the I140 processing and EB3 goes first. But I already filed my I140 in June-06, can i still move that to PREMIUM PROCESSING? (I tried to find any rule/regulation on that...didn't see any). And how long does the PREMIUM Processing takes?
Looks like the average wait time at the Nebraska SC is 3-4 months, hmmm..should i spend that extra $1K? Maybe yes (if we are allowed to switch from regular to premium)...given the "efficiency" of the immigration processing in the US.
Thanks again
Sky
Maverick1
08-13 11:17 AM
OCI's can work without visa. ALL PIO's are eligible for OCI.
Beg to differ. All PIOs are not eligible for OCI. There are different requirements for OCI than PIO.
Say for example you are still on H1 or GC and your minor child is a citizen of USA by birth, your child is not eligible for OCI. They will be eligible for OCI when they are a major or when you become a US citizen.
Beg to differ. All PIOs are not eligible for OCI. There are different requirements for OCI than PIO.
Say for example you are still on H1 or GC and your minor child is a citizen of USA by birth, your child is not eligible for OCI. They will be eligible for OCI when they are a major or when you become a US citizen.
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