surabhi
06-02 11:37 AM
just one more Qn:
My L1 ends Sep 3rd week.
If I decide not to do extension, is it ok to stay in US for those 2 weeks until Oct1. so I can start working under H1 ?
those 14 days out-of-status : How bad is it ?
thanks.
I wouldnt do that. You can arrive 10 days early, but not sure if it would be applicable here. Even then you have more than 10 days to account for. You will not accumulate much out of status period. It should be 180 days of out of status before it gets ugly, but why invite trouble.
I think attorney would advise to file another non immigrant visa , generally a B1 ( tourist visa) for the interim period.
Thre is grace period for OPT - H1 for similar scenario. I dont think its applicable for L1B
My L1 ends Sep 3rd week.
If I decide not to do extension, is it ok to stay in US for those 2 weeks until Oct1. so I can start working under H1 ?
those 14 days out-of-status : How bad is it ?
thanks.
I wouldnt do that. You can arrive 10 days early, but not sure if it would be applicable here. Even then you have more than 10 days to account for. You will not accumulate much out of status period. It should be 180 days of out of status before it gets ugly, but why invite trouble.
I think attorney would advise to file another non immigrant visa , generally a B1 ( tourist visa) for the interim period.
Thre is grace period for OPT - H1 for similar scenario. I dont think its applicable for L1B
gc_kaavaali
07-16 05:03 PM
i don't see july processing times...it still shows june times.
mnq1979
05-21 12:36 PM
well i have not used AC21, jsut changed the employer, so you mean to say i have to send the letter from the employer who originally sponsered me? right?
dealsnet
07-16 09:52 AM
According to the law, you are not liable to pay it. They can't force you to pay. But if you are out of project and desperate, just agree for the clause and get that job.
I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).
I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.
Any help is appreciated.
Thanks
R
I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).
I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.
Any help is appreciated.
Thanks
R
more...
drirshad
05-26 11:01 AM
McCain Talks CIR
New York Times reports that, at a round table of business leaders in California, Senator McCain said that comprehensive immigration reform should be a top priority for the next president.
http://thecaucus.blogs.nytimes.com/2008/05/22/mccain-says-immigration-reform-should-be-top-priority/
He said "Senator Kennedy and I tried very hard to get immigration reform, a comprehensive plan, through the Congress of the United States. It is a federal responsibility and because of our failure as a federal obligation, we're seeing all these various conflicts and problems throughout our nation as different towns, cities, counties, whatever they are, implement different policies and different programs which makes things even worse and even more confusing... I believe we have to secure our borders, and I think most Americans agree with that, because it's a matter of national security. But we must enact comprehensive immigration reform. We must make it a top agenda item if we
don't do it before, and we probably won't, a little straight talk, as of January 2009."
Source: ILW
New York Times reports that, at a round table of business leaders in California, Senator McCain said that comprehensive immigration reform should be a top priority for the next president.
http://thecaucus.blogs.nytimes.com/2008/05/22/mccain-says-immigration-reform-should-be-top-priority/
He said "Senator Kennedy and I tried very hard to get immigration reform, a comprehensive plan, through the Congress of the United States. It is a federal responsibility and because of our failure as a federal obligation, we're seeing all these various conflicts and problems throughout our nation as different towns, cities, counties, whatever they are, implement different policies and different programs which makes things even worse and even more confusing... I believe we have to secure our borders, and I think most Americans agree with that, because it's a matter of national security. But we must enact comprehensive immigration reform. We must make it a top agenda item if we
don't do it before, and we probably won't, a little straight talk, as of January 2009."
Source: ILW
dextro_a
02-05 02:29 PM
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 just thought its better reply then just assuming that university will do H1B for you.
I just thought its better reply then just assuming that university will do H1B for you.
more...
vjone
08-28 03:17 PM
Good post.
I am not against donating (have done it myself) but do you guys really think they are giving out GCs to the donors?
Or is someone giving out the secret to a quicker GC in the donor forum?
Or is there the address of the shop selling GCs?
Whatever appears in RED color - supposedly for donors - to me seems to be a marketing trick to attract more donation (sadly, they had to resort to this) - but remember that if there is a big news that is relevant to us - it will be flashed everywhere, even in Indian newspapers!
Don't go begging access to the donor forum or start salivating at the thought of accessing it... just seems kinda childish to me.
Don't gimme reds for this, it was only worth 0.02 - not enough for donation!
Chill, Peace!
I am not against donating (have done it myself) but do you guys really think they are giving out GCs to the donors?
Or is someone giving out the secret to a quicker GC in the donor forum?
Or is there the address of the shop selling GCs?
Whatever appears in RED color - supposedly for donors - to me seems to be a marketing trick to attract more donation (sadly, they had to resort to this) - but remember that if there is a big news that is relevant to us - it will be flashed everywhere, even in Indian newspapers!
Don't go begging access to the donor forum or start salivating at the thought of accessing it... just seems kinda childish to me.
Don't gimme reds for this, it was only worth 0.02 - not enough for donation!
Chill, Peace!
morchu
04-23 12:32 PM
Do not assume things. I had waited for my LC approval more than probably the time you spend in college. So dont even go there. Anyway I chose to remain anonymous, and I will remove all details from my profile.
Dude,
You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.
Dude,
You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.
more...
hyderabad123
04-27 08:08 AM
Hi mhssatya,
Better to hire local attorney, you guys can go at one time for an interview. Please do keep me posted after the interview.
I had interview on Mar 30th on I-485 Interview,
Earlier we got an denial on I-485 bcz of withdrawn my approved I-140 from Previous Employer.
Before itself I moved new employer uncer AC 21 portability.
We applied MTR on I-485 and thet is approved.
After that we recieved interview letter. The interview was Good, end of the interview, the officer told us, that will review again, if any docs needed will let you know with in 2 weeks.
Still didnt recive any response. Can you guys please do advice on my case, can i call to customer care on my case or better to go take an info pass.
Thanks
Better to hire local attorney, you guys can go at one time for an interview. Please do keep me posted after the interview.
I had interview on Mar 30th on I-485 Interview,
Earlier we got an denial on I-485 bcz of withdrawn my approved I-140 from Previous Employer.
Before itself I moved new employer uncer AC 21 portability.
We applied MTR on I-485 and thet is approved.
After that we recieved interview letter. The interview was Good, end of the interview, the officer told us, that will review again, if any docs needed will let you know with in 2 weeks.
Still didnt recive any response. Can you guys please do advice on my case, can i call to customer care on my case or better to go take an info pass.
Thanks
purgan
07-28 05:44 PM
I would like to participate. Let's see if there are any solutions to the historic backlogs in EB3 IND...
EB3 IND folks, this is your time to join and ask your questions.
EB3 IND folks, this is your time to join and ask your questions.
more...
nashim
09-08 01:39 PM
lol
ganguteli
04-23 12:55 PM
Raj,
Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
Fake profile alert!!!!!!!!!!!!!!!!!!!!!!!
How did you get your mailing, I140 reciept, approval and RFE date on the same day :D:D:D
About krithi
Will you consider attending the advocacy day or rally in DC in 2009.
No
Would you like to be a Immigration Voice Volunteer
No
Current GC Processing Stage
I-485
Priority Date
Nov-05
Green Card Category
EB2
Nationality
India
Country of Chargeability
India
Service Center
Texas
Labor Type
Perm
Perm Center
Chicago
Labor Approval Date
11/05/2005
I140-I485 Concurrent Filing
No
I140 Mailed Date
04/06/2006
I140 Filing Type
Regular
I140 USCIS Rcvd Date
04/06/2006
I140 Rcpt Notice Date
04/06/2006
I140 RFE Date
04/06/2006
I140 Approval Date
04/06/2006
July 2007 Filer
Yes
Adjustment of Status Application Type
Adjustment of Status (I-485)
I485 Mailed Date
07/02/2007
I485 USCIS Rcvd Date
07/02/2007
I485 Rcpt Notice Date
08/27/2007
Finger Print Notice Date
09/27/2007
Application Status
Pending
EAD Mailed Date
08/27/2007
EAD Approval Date
08/27/2007
AP Mailed Date
08/27/2007
AP Approval Date
08/27/2007
Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
Fake profile alert!!!!!!!!!!!!!!!!!!!!!!!
How did you get your mailing, I140 reciept, approval and RFE date on the same day :D:D:D
About krithi
Will you consider attending the advocacy day or rally in DC in 2009.
No
Would you like to be a Immigration Voice Volunteer
No
Current GC Processing Stage
I-485
Priority Date
Nov-05
Green Card Category
EB2
Nationality
India
Country of Chargeability
India
Service Center
Texas
Labor Type
Perm
Perm Center
Chicago
Labor Approval Date
11/05/2005
I140-I485 Concurrent Filing
No
I140 Mailed Date
04/06/2006
I140 Filing Type
Regular
I140 USCIS Rcvd Date
04/06/2006
I140 Rcpt Notice Date
04/06/2006
I140 RFE Date
04/06/2006
I140 Approval Date
04/06/2006
July 2007 Filer
Yes
Adjustment of Status Application Type
Adjustment of Status (I-485)
I485 Mailed Date
07/02/2007
I485 USCIS Rcvd Date
07/02/2007
I485 Rcpt Notice Date
08/27/2007
Finger Print Notice Date
09/27/2007
Application Status
Pending
EAD Mailed Date
08/27/2007
EAD Approval Date
08/27/2007
AP Mailed Date
08/27/2007
AP Approval Date
08/27/2007
more...
atlfp
04-08 03:22 PM
Legal immigration IS all about competitiveness. Why there is an EB based immigration category at all? It's primary because they want to be able retain talent. As such, one of the strong argument for the current EB situation will be that if they do not do it, this country's competitiveness edge will diminish. This is the truth and I think most law maker is able to understand that.
remember that PACE bill is not primarily about legal immigration .. it is about US S&T competitiveness .. what is to say that the anti-immigration guys wont make the pitch that immigration issues should be kept out of such a bill, as they did with S1932 ? Agreed PACE act in its current form is favorable to us, but there is no gaurantee all our provisions will go through unopposed ... rest assured the likes of numbersUSA are as busy as we are.
remember that PACE bill is not primarily about legal immigration .. it is about US S&T competitiveness .. what is to say that the anti-immigration guys wont make the pitch that immigration issues should be kept out of such a bill, as they did with S1932 ? Agreed PACE act in its current form is favorable to us, but there is no gaurantee all our provisions will go through unopposed ... rest assured the likes of numbersUSA are as busy as we are.
adusumilli
10-16 06:23 PM
I had LUDs on 10/05/2007, 10/07/2007, 10/09/2007 on my I-485 application after my FP appointment. I do not know what it means though.
I had lud's on same dates after fp as yours, I really don't know what it means.
I had lud's on same dates after fp as yours, I really don't know what it means.
more...
bindas74
05-16 04:07 PM
All,
Did not want to create any sensational news, but this is what I gathered from speaking to an IO. I had applied for my EAD on Jan 25th and havent received any updates. So, I called the NSC customer service and an IO informed me that I need to check back with them in another 60 days if no decision is made by that time. When I said that it would be 6 months by that time, the IO said that "that's right. Each IO has about 500 applications on their desk and it will take some time to clear these off"
Just wanted to update everyone so that all the June/July filers can file appropriately.
Again, mine could be an isolated case. So, please dont panic::))
Did not want to create any sensational news, but this is what I gathered from speaking to an IO. I had applied for my EAD on Jan 25th and havent received any updates. So, I called the NSC customer service and an IO informed me that I need to check back with them in another 60 days if no decision is made by that time. When I said that it would be 6 months by that time, the IO said that "that's right. Each IO has about 500 applications on their desk and it will take some time to clear these off"
Just wanted to update everyone so that all the June/July filers can file appropriately.
Again, mine could be an isolated case. So, please dont panic::))
Blog Feeds
02-08 06:10 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
As immigration attorneys with very strong roots in the immigrant communities of Los Angeles, the lawyers at Fong & Chun stay current on legislative developments that could affect our clients and their families. On 15 December 2009, over ninety House Democrats unveiled a comprehensive immigration reform bill. The bill is called the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR-ASAP).
President Obama has said there should be comprehensive immigration reform. The bill includes an "earned" legalization program. The program as currently proposed would allow undocumented people in the USA as of 15 December 2009 to apply for legalization. There would be special, more lenient rules for young persons. Many people want to call this an "amnesty," but it is important to see all the details about the program before getting too excited.
There are other provisions for "visa recapture" to reduce waiting times and backlogs. This bill would also put a new employment-eligibility-verification system into place. There would be harsh penalties for hiring unauthorized workers.
These proposed changes are very exciting; however, we must remember that this bill is only a PROPOSAL. It will have many reincarnations before a final bill passes, if a bill passes at all. The President has said he wants CIR on his desk by the end of 2010, but there are obviously many other things occupying the attention of Congress at this time. Stay tuned. --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/02/immigration-reform-bill-introd.html)
As immigration attorneys with very strong roots in the immigrant communities of Los Angeles, the lawyers at Fong & Chun stay current on legislative developments that could affect our clients and their families. On 15 December 2009, over ninety House Democrats unveiled a comprehensive immigration reform bill. The bill is called the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR-ASAP).
President Obama has said there should be comprehensive immigration reform. The bill includes an "earned" legalization program. The program as currently proposed would allow undocumented people in the USA as of 15 December 2009 to apply for legalization. There would be special, more lenient rules for young persons. Many people want to call this an "amnesty," but it is important to see all the details about the program before getting too excited.
There are other provisions for "visa recapture" to reduce waiting times and backlogs. This bill would also put a new employment-eligibility-verification system into place. There would be harsh penalties for hiring unauthorized workers.
These proposed changes are very exciting; however, we must remember that this bill is only a PROPOSAL. It will have many reincarnations before a final bill passes, if a bill passes at all. The President has said he wants CIR on his desk by the end of 2010, but there are obviously many other things occupying the attention of Congress at this time. Stay tuned. --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/02/immigration-reform-bill-introd.html)
more...
jcrajput
06-09 12:14 PM
can anyone please reply?
gjoe
12-26 02:32 PM
I am not able to find the alien ship which I parked at JFK when I came here. Is it with NASA or the CIA?
;)
;)
chakdepatte
10-18 02:58 PM
Pardon my french but most of DMV/BMV employees are absolute #$@#$%#@.
They have no clue about the immigration process. Because my wifes EAD and AP expired and we had applied for renewal, this lady at the columbus, OH BMV refused to give us a licence. when she learnt that my wife goes to school, she insisted that we show a I-120 and be in F1 status. not to mention, we left with the 'F' status, if you know what I mean.
Went next week with same papers, the lady gave an extension till next birthday (approx 9 months).
Few years ago, in Richmond, VA same experience. It's a broken process. wrote emails to the white house. no response yet. I have learnt how to navigate thru this broken system and people of less than 5th grader IQ.
They have no clue about the immigration process. Because my wifes EAD and AP expired and we had applied for renewal, this lady at the columbus, OH BMV refused to give us a licence. when she learnt that my wife goes to school, she insisted that we show a I-120 and be in F1 status. not to mention, we left with the 'F' status, if you know what I mean.
Went next week with same papers, the lady gave an extension till next birthday (approx 9 months).
Few years ago, in Richmond, VA same experience. It's a broken process. wrote emails to the white house. no response yet. I have learnt how to navigate thru this broken system and people of less than 5th grader IQ.
unitednations
02-22 02:12 PM
To all Experts/Gurus, please advice on this issue.
I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.
I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.
1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.
These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.
Thanks.
You can't change from 485 status to F-1 within the country. You can only change from non immigrant to another non immigrant visa within the country.
If you wanted to get on F-1; you would have to go for visa stamping and re-enter on F-1. However, consulate probably wouldn't give you F-1 since you have shown immigrant intent. Even if they somehow gave it to you; then uscis would deny your 485 eventually by entering on F-1 visa.
You can go full time to school while 485 is pending. You just have to be able to demonstrate that you have a permanent full time job waiting for you upon greencard approval (ie., AC21).
There was a legal case from a long time ago; where a person was getting sponsored for a particular position and he went to school full time for a totally irrelevant occupation to what he was getting sponsored for (he went to school to be a dentist). USCIS denied his case saying that they didn't believe his intent to go into the job since he was being trained/educated in a totally different field.
Long story short; was that it went to court and the candidate won...
If you want to put up with the inevitable hassles from uscis that you may get over doing this then go ahead. At the end you should prevail but USCIS likes for you to go through a bumpy road
I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.
I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.
1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.
These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.
Thanks.
You can't change from 485 status to F-1 within the country. You can only change from non immigrant to another non immigrant visa within the country.
If you wanted to get on F-1; you would have to go for visa stamping and re-enter on F-1. However, consulate probably wouldn't give you F-1 since you have shown immigrant intent. Even if they somehow gave it to you; then uscis would deny your 485 eventually by entering on F-1 visa.
You can go full time to school while 485 is pending. You just have to be able to demonstrate that you have a permanent full time job waiting for you upon greencard approval (ie., AC21).
There was a legal case from a long time ago; where a person was getting sponsored for a particular position and he went to school full time for a totally irrelevant occupation to what he was getting sponsored for (he went to school to be a dentist). USCIS denied his case saying that they didn't believe his intent to go into the job since he was being trained/educated in a totally different field.
Long story short; was that it went to court and the candidate won...
If you want to put up with the inevitable hassles from uscis that you may get over doing this then go ahead. At the end you should prevail but USCIS likes for you to go through a bumpy road
vidhyajagi
08-16 03:17 PM
You can still continue to work with current employer even you get another I-797 approved. But the Consulting company filed on behalf of you need to withdraw the petition. According to my knowledge the fee is non-refundable and attorney fees - (my attorney charge only after petition is approved)...So you have'nt paid attorney fees you can ask for discount.
Also the New approved petition will be valid only you join the consulting company and after you receive first month paycheck. So you are fine to continue with current employer. Once you filed for your AOS and get EAD you may switch to EAD anytime or after 2years once your current H1-B expires.
Also the New approved petition will be valid only you join the consulting company and after you receive first month paycheck. So you are fine to continue with current employer. Once you filed for your AOS and get EAD you may switch to EAD anytime or after 2years once your current H1-B expires.
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