capriol
07-06 10:30 AM
I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.[/QUOTE]
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.[/QUOTE]
visafreedom
07-03 11:39 AM
Sure, skip a day of work.. only to come back the next day and have two days worth of work lying on your desk, and one less vacation day...
Dont tell me you never take vacation ;-) If that is true, I will hire you.
Dont tell me you never take vacation ;-) If that is true, I will hire you.
fromnaija
07-20 11:48 AM
You assume the original poster is from India. He did not state so in his post or do you know him personally?
Nice suggestion, buddy :p
New Delhi Embassy still have Aug 2007 dates available
Nice suggestion, buddy :p
New Delhi Embassy still have Aug 2007 dates available
gc_dream07
02-01 01:22 PM
If you have enough money, invest 1million in US, and get GC, and buy peace of mind.
more...
deecha
07-26 09:21 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
If I were you, I would file for my I-485 anyways and then get the wife in on H4, when the H1 extension was approved, as you would still be on H1 status (as long as you did not use the EAD). Have her I-485 ready and as soon as she comes back, send her I-485 in ASAP.
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
If I were you, I would file for my I-485 anyways and then get the wife in on H4, when the H1 extension was approved, as you would still be on H1 status (as long as you did not use the EAD). Have her I-485 ready and as soon as she comes back, send her I-485 in ASAP.
Munna Bhai
01-10 04:09 PM
munabhai
i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.
what that RFE was for?? education or pay??
i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.
what that RFE was for?? education or pay??
more...
needhelp!
01-18 01:14 PM
Wonderful news!
And gsc is back with a bang!
And gsc is back with a bang!
Administrator2
09-15 05:21 PM
Last time CIR had sweet deal for Illegals ..
Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..
For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.
What happened in 2007 is now history. That is not likely to repeat in the upcoming CIR. At this time CIR is the only way to get things moving. Unless CIR is defeated or unless administration says that they do not want a CIR bill, piece meal approach is not likely to happen. Given the situation, asking for a separate bills is setting ourselves for failure, and it alienates us and our issues from the pro-immigration community. At this time, if you call/meet with lawmakers asking for EB only bill, the pro-immigration lawmakers get turned off and anti-immigrant lawmakers use the count of your call to oppose the immigration reform. At this time its a bad idea by calling lawmakers asking for "EB only bill". It will only turn out to hurt our issues and the cause. Additionally, it doesn't help to call specific lawmakers who already understand, agree, support and champion our issues.
IV do not have a any position on on the issue of illegals/undocumented. And whatever is your personal belief, please understand the reality of the situation and refrain from attacking illegals on IV forums as it doesn't help our cause in anyways.
Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..
For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.
What happened in 2007 is now history. That is not likely to repeat in the upcoming CIR. At this time CIR is the only way to get things moving. Unless CIR is defeated or unless administration says that they do not want a CIR bill, piece meal approach is not likely to happen. Given the situation, asking for a separate bills is setting ourselves for failure, and it alienates us and our issues from the pro-immigration community. At this time, if you call/meet with lawmakers asking for EB only bill, the pro-immigration lawmakers get turned off and anti-immigrant lawmakers use the count of your call to oppose the immigration reform. At this time its a bad idea by calling lawmakers asking for "EB only bill". It will only turn out to hurt our issues and the cause. Additionally, it doesn't help to call specific lawmakers who already understand, agree, support and champion our issues.
IV do not have a any position on on the issue of illegals/undocumented. And whatever is your personal belief, please understand the reality of the situation and refrain from attacking illegals on IV forums as it doesn't help our cause in anyways.
more...
ras
02-20 11:00 AM
I filed I 140 and I485 and 180 days completed. I got an RFE on I 140 for Ability to Pay.
I have another I140 already approved with earlier PD.
Can I interfile when there is an RFE on I 140?
I have another I140 already approved with earlier PD.
Can I interfile when there is an RFE on I 140?
shishya
09-02 03:34 PM
Thanks for the confirmation that this is better confirmed and cleared out rather than face unnecessary delays. I have called them and re-requested an update of my address on phone -- NEED to wait another 45 days to receive a letter from USCIS, if not, apparently only then can I get an Infopass appointment. Lets see.
My Friend it does matters - Here is why - Although I changed my address online & got confirmation number every time I moved to different place - what happened was the RFE issued on my case was addressed to the place where I filed my application. Since then I moved to two different places and every time I moved I did update my address online promptly. Since RFE was posted to the old address as a result of the mail was fwd to all places where I lived in the past and finally delivered to my current address. Thanks to online status that I came to know RFE was issued on case with deadline. I received the RFE letter just about 3 days to respond. When we talked to CIS CSR about this the answer was that the IO who worked on my case got old address that was mentioned on my application itself and did not refer the address change made online. With help of my employer and attorney we were able to respond within the deadline date. I would call them and make sure the correct address and ask for confirmation letter from CIS. Hope this helps!
My Friend it does matters - Here is why - Although I changed my address online & got confirmation number every time I moved to different place - what happened was the RFE issued on my case was addressed to the place where I filed my application. Since then I moved to two different places and every time I moved I did update my address online promptly. Since RFE was posted to the old address as a result of the mail was fwd to all places where I lived in the past and finally delivered to my current address. Thanks to online status that I came to know RFE was issued on case with deadline. I received the RFE letter just about 3 days to respond. When we talked to CIS CSR about this the answer was that the IO who worked on my case got old address that was mentioned on my application itself and did not refer the address change made online. With help of my employer and attorney we were able to respond within the deadline date. I would call them and make sure the correct address and ask for confirmation letter from CIS. Hope this helps!
more...
stirfries
12-01 09:11 PM
via regular mail. There is no tracking available. If it is lost, it is lost. That is what I hate about both the EAD and AP process.:mad:
In my experience, the AP has been received anywhere from 4 days to 7 days after "the document has been mailed" notice.
4 days - 7 days after "document has been mailed" update?
Sounds discouraging BUT from my experience and from my RESEARCH on this forum, I also think that, 4 - 7 days is the normal receipt time. In my case, unfortunately, its been 12 days already. :(
But, SS777 states, he has experienced anywhere from 3 - 20 days. I will take that. :)
Can others please chime in with their experience in terms of how many days they had to wait once they noticed their case status was changed to, "Document has been mailed"?
Your response much appreciated.
Thanks,
In my experience, the AP has been received anywhere from 4 days to 7 days after "the document has been mailed" notice.
4 days - 7 days after "document has been mailed" update?
Sounds discouraging BUT from my experience and from my RESEARCH on this forum, I also think that, 4 - 7 days is the normal receipt time. In my case, unfortunately, its been 12 days already. :(
But, SS777 states, he has experienced anywhere from 3 - 20 days. I will take that. :)
Can others please chime in with their experience in terms of how many days they had to wait once they noticed their case status was changed to, "Document has been mailed"?
Your response much appreciated.
Thanks,
kumar07
09-12 12:05 PM
Hi Friends,
Here is my Situation;
me and my wife,both residents of singapore, have h1b approved this year through the same consultancy firm and the company has already received the approval notice. We are planning to appear for visa interview sometime end of this month with Singapore Embassy and the company is going to send all the documents by next week.
Since we both are going for visa interview, I have few concerns regarding our cases:
1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?
2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?
3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?
4 My h1b was denied last year because of company project document issue with same singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.
I would appreciate if anyone could help me to find any of the answers.
Thanks.
Here is my Situation;
me and my wife,both residents of singapore, have h1b approved this year through the same consultancy firm and the company has already received the approval notice. We are planning to appear for visa interview sometime end of this month with Singapore Embassy and the company is going to send all the documents by next week.
Since we both are going for visa interview, I have few concerns regarding our cases:
1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?
2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?
3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?
4 My h1b was denied last year because of company project document issue with same singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.
I would appreciate if anyone could help me to find any of the answers.
Thanks.
more...
smuggymba
07-28 01:14 PM
Came to US in 2004. But never was after GC. Applied in Feb 2008 EB2. So does not look like will get my GC in next couple of years.
'cooler' has well said that value of GC has changed as life has progressed. Now thinking of going back as parents getting older. Plus daughter has US citizenship. If she wants to come back here, that is her privilege.
Completing 40 SS credits next year. So can return after that. Bought home in 2006 at the peak of the buble so getting out of the house is probably the only hurdle left.
40SS credits won't get you SS after retirement if you're not a US Citizen then. Just so you know. India does not have a SS act with US and vice versa.
'cooler' has well said that value of GC has changed as life has progressed. Now thinking of going back as parents getting older. Plus daughter has US citizenship. If she wants to come back here, that is her privilege.
Completing 40 SS credits next year. So can return after that. Bought home in 2006 at the peak of the buble so getting out of the house is probably the only hurdle left.
40SS credits won't get you SS after retirement if you're not a US Citizen then. Just so you know. India does not have a SS act with US and vice versa.
sands_14
06-12 11:55 AM
i tried infopass last yr,it didnt help;they said uscis will take it when its up for approval.current pd doesnt matter;it matters only if its approved and waiting for visa number
more...
zCool
04-16 11:37 PM
check expiry date on your passport. Visa date can not extend beyond Passport expiry date.
ssdtm
12-12 04:06 PM
Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.
I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.
I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.
more...
gc_bulgaria
10-09 06:26 PM
This is very useful information. So it is the Job Classification code that is important right??
Thats my understanding as well. The information on salary is a little confusing though...
Thats my understanding as well. The information on salary is a little confusing though...
isantem
08-05 01:02 PM
EB-3 no longer depend upon your place of Birth.
:confused::eek: this is a new law by president paulinasmith?:D
:confused::eek: this is a new law by president paulinasmith?:D
logiclife
03-28 03:39 PM
Yes Bheemi.
I dont want this to be an an implied guarantee, but that is the plan for now. Things can change depending on whose bill is debated on Senate floor - SJC or Frist's S. 2454.
Jay.
I dont want this to be an an implied guarantee, but that is the plan for now. Things can change depending on whose bill is debated on Senate floor - SJC or Frist's S. 2454.
Jay.
ivar
03-31 05:16 PM
Hi All,
I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions
Am I out of status?
Company A visa is valid till september 2009, so can I go back to Company A?
If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
What is the chances that Company B appeal for the denial and get it stamped in these situation?
What are my other options?
Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...
From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions
Am I out of status?
Company A visa is valid till september 2009, so can I go back to Company A?
If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
What is the chances that Company B appeal for the denial and get it stamped in these situation?
What are my other options?
Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...
From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
snowcatcher
05-22 08:12 AM
This is the actual study that was referred to in this article. It seems like they just posted it? It's timing is perfect. Looks like we are going to be lucky. Let's hope so.
http://www.nfap.com/researchactivities/studies/NFAPStudyLegalImmigrantsWaitingForever052206.pdf
http://www.nfap.com/researchactivities/studies/NFAPStudyLegalImmigrantsWaitingForever052206.pdf