HV000
02-06 11:24 AM
I have NOT heard of anything that specifically prohibits H1Bs getting a mid year raise. Ask your HR where they are getting the information from?
aamchimumbai
12-05 02:13 PM
Was your wife successful in getting an H1B visa stamped in her passport? If yes, could you please share your experience for the visa stamping interview/documents, etc. Your post will be helpful for some who plan to return on H1B/H4 (including me).
Thanks.
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
Thanks.
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
gc_kaavaali
08-13 04:17 PM
Unfortunately Yes...i had infopass appointment on monday and IO told me samething. NC has to be cleared before 485 can be approved. But they are targeting they will clear NC within 180 days after Feb 2009.
Enebreus
01-20 08:19 AM
Unfortunately, your entry doesn't qualify because you are using box2d :(
Really cool entry though!
Kirupa,
Any chance you could change your mind about this entry being disqualified?
I've just re-read the official rules (http://www.kirupa.com/contests/index.htm) and nowhere does it say: "Don't use external libraries".
I only suspected I might be in trouble after finishing the entry, when I read the guidelines thread.
It doesn't seem fair that I've been disqualified over a rule that isn't actually in the rules.
The situation sort of reminds me of 'The Hitchhikers Guide to the Galaxy' where the Earth was destroyed because no one bothered to check the bulletin board on another planet.
Thanks,
Enebreus
Really cool entry though!
Kirupa,
Any chance you could change your mind about this entry being disqualified?
I've just re-read the official rules (http://www.kirupa.com/contests/index.htm) and nowhere does it say: "Don't use external libraries".
I only suspected I might be in trouble after finishing the entry, when I read the guidelines thread.
It doesn't seem fair that I've been disqualified over a rule that isn't actually in the rules.
The situation sort of reminds me of 'The Hitchhikers Guide to the Galaxy' where the Earth was destroyed because no one bothered to check the bulletin board on another planet.
Thanks,
Enebreus
more...
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?
Singer
10-22 01:12 PM
I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
more...
Berkeleybee
04-26 12:01 PM
All,
I want to make sure we acknowledge every contribution our members make, monetary and in terms of ideas.
As I said in the main thread (http://immigrationvoice.org/forum/showpost.php?p=9780&postcount=33) it was posts on the forum by virtual55, jkays94 and cpolisetti that set the WaPo ball rolling.
Thank you to them and every member who does his or her part in big and small ways.
best,
Berkeleybee
I want to make sure we acknowledge every contribution our members make, monetary and in terms of ideas.
As I said in the main thread (http://immigrationvoice.org/forum/showpost.php?p=9780&postcount=33) it was posts on the forum by virtual55, jkays94 and cpolisetti that set the WaPo ball rolling.
Thank you to them and every member who does his or her part in big and small ways.
best,
Berkeleybee
shree09
08-08 06:14 PM
Thanks to everyone who replied.
I have got sufficient replies so it looks like it is OK to do both H1 Stamping and landing together.
Do you have any suggestions for the canadian places. I heard Vancouver is popular.
Is one place better than another one..
Any info will be really helpful
I have got sufficient replies so it looks like it is OK to do both H1 Stamping and landing together.
Do you have any suggestions for the canadian places. I heard Vancouver is popular.
Is one place better than another one..
Any info will be really helpful
more...
ns33
03-12 03:35 PM
refiling perm and 140 may be to help you promote from eb3 to eb2 category and still let you keep the old PD.
Also, refiling could be required if your job categories are changing. from technical to managerial or so.
Also, refiling could be required if your job categories are changing. from technical to managerial or so.
kittu07in
08-20 06:39 PM
no....485 is not applied for her. She don't have an EAD.
more...
stemcell
04-05 10:07 AM
Used FHA loan.
Closed on Feb 26 with Coldwell Banker.
didnt have issues regards my H1B status.
Closed on Feb 26 with Coldwell Banker.
didnt have issues regards my H1B status.
theconfused
04-02 10:21 PM
Hey Dontcareanymore,
You are right.
For other folks, here is the summary -
1) Got H1B visa stamp valid from August 2007 till August 2010.
2) Started working from October 2007 and Was laid off in November 2007.
3) Joined a consultant (IT) in December 2007. Got the training but never pursued any job as did not like the IT field.
4) Found another job in my field (chemical engineering), filed for H1B (premium processing). Got approved without change of status in March 2008 (I-797B) .
6) Attorney said that i have an almost brand new H1B visa so don't have to get a new visa but have to bring myself back into status by re-entering into US. Did that in April 2008. Total number of out of status days = 134. Started working for this employer from April till 30 September 2008.
7) Found another job. Changed the job. Got the I-797A (with I-94). Working with them since October 2008. This new petition is valid from 1 October 2008 till 30 September 2011.
8) Came to New Delhi for visa stamping on 25th Feb 2010. Had almost 20 to 30 minutes long interview.
9) First VO asked normal questions such was job duties, salary, last 3 pay stub, W2 form etc.
10) Then VO found out from the form DS 160 that i have checked on 'out of status' checkbox. She asked what happened. I explained it.
11) She went to consult someone else. Came back and gave me back all the documents and asked that someone will call me on another counter.
12) Another lady called me on different counter after 30 minutes. She sounded friendly and gave me a 221 g form (pink). She told me that it will take 6 to 8 weeks to finish the admin processing.
13) 221 g form had questions like resume, thesis, publication, last 5 travels in US etc.
14) I asked the lady if i can go back on my current valid visa and new I-797A. She went to consult with someone else and said that yes i can go back if i want to and the embassy will shoot me an email when they need the passport for visa stamping.
15) With my best judgment, I left India for US on 3rd March 2010. At POE (Chicago), forwarded my passport (work visa valid till August 2010) with the I-797 A (valid till September 2011). CBP officer gave me the I-94 valid till September 2011.
16) On 16th March 2010, got an email from embassy that they need my passport.
17) I asked if they have received the clearance. They sent me back the automated message that they need my passport.
18) Called DOS to know the status. They said that they can only see on their system the information submitted by the embassy and not beyond that. And the latest information embassy submitted was that they need my passport. The also mentioned that they don't have any idea why the embassy needs my passport. And 221 g is not cleared yet.
19) With best of my abilities, made a decision to go back to India and submit the passport to vfs.
20) Came to India on 29th March 2010 (early AM) and submitted the passport on the same day.
21) Passport was sent back to me on 1st April 2010 with the visa stamped.
22) The new Visa expiration date is 29th March 2012 while I-797A expiration date is September 2011. Why is it so i do not know.
23) Checked the status on the New Delhi embassy website for 221g and it still says that the case is pending though i have received the visa stamp. It indicates that embassy folks do not update the case status report for 221 g.
Please feel free to ask any question.
Thanks a lot to all of you reading this...
You are right.
For other folks, here is the summary -
1) Got H1B visa stamp valid from August 2007 till August 2010.
2) Started working from October 2007 and Was laid off in November 2007.
3) Joined a consultant (IT) in December 2007. Got the training but never pursued any job as did not like the IT field.
4) Found another job in my field (chemical engineering), filed for H1B (premium processing). Got approved without change of status in March 2008 (I-797B) .
6) Attorney said that i have an almost brand new H1B visa so don't have to get a new visa but have to bring myself back into status by re-entering into US. Did that in April 2008. Total number of out of status days = 134. Started working for this employer from April till 30 September 2008.
7) Found another job. Changed the job. Got the I-797A (with I-94). Working with them since October 2008. This new petition is valid from 1 October 2008 till 30 September 2011.
8) Came to New Delhi for visa stamping on 25th Feb 2010. Had almost 20 to 30 minutes long interview.
9) First VO asked normal questions such was job duties, salary, last 3 pay stub, W2 form etc.
10) Then VO found out from the form DS 160 that i have checked on 'out of status' checkbox. She asked what happened. I explained it.
11) She went to consult someone else. Came back and gave me back all the documents and asked that someone will call me on another counter.
12) Another lady called me on different counter after 30 minutes. She sounded friendly and gave me a 221 g form (pink). She told me that it will take 6 to 8 weeks to finish the admin processing.
13) 221 g form had questions like resume, thesis, publication, last 5 travels in US etc.
14) I asked the lady if i can go back on my current valid visa and new I-797A. She went to consult with someone else and said that yes i can go back if i want to and the embassy will shoot me an email when they need the passport for visa stamping.
15) With my best judgment, I left India for US on 3rd March 2010. At POE (Chicago), forwarded my passport (work visa valid till August 2010) with the I-797 A (valid till September 2011). CBP officer gave me the I-94 valid till September 2011.
16) On 16th March 2010, got an email from embassy that they need my passport.
17) I asked if they have received the clearance. They sent me back the automated message that they need my passport.
18) Called DOS to know the status. They said that they can only see on their system the information submitted by the embassy and not beyond that. And the latest information embassy submitted was that they need my passport. The also mentioned that they don't have any idea why the embassy needs my passport. And 221 g is not cleared yet.
19) With best of my abilities, made a decision to go back to India and submit the passport to vfs.
20) Came to India on 29th March 2010 (early AM) and submitted the passport on the same day.
21) Passport was sent back to me on 1st April 2010 with the visa stamped.
22) The new Visa expiration date is 29th March 2012 while I-797A expiration date is September 2011. Why is it so i do not know.
23) Checked the status on the New Delhi embassy website for 221g and it still says that the case is pending though i have received the visa stamp. It indicates that embassy folks do not update the case status report for 221 g.
Please feel free to ask any question.
Thanks a lot to all of you reading this...
more...
GCSOON-Ihope
11-07 01:16 PM
Dude, Consulting Business mean making profit out of consulting and you are one of the tool for them....
Everybody is a tool to any business, no matter how you look at the situation.
Everybody is a tool to any business, no matter how you look at the situation.
.jpg "the moon goddess Greeknew")
gsc999
06-17 11:57 PM
Lou Dobbs exposed...:rolleyes:
Lou Dobs is referred to as a right-wing populist demagogue. Atlast some one has the courage to speak out the truth.
http://www.wsws.org/articles/2006/jun2006/immi-j16.shtml
Lou Dobs is referred to as a right-wing populist demagogue. Atlast some one has the courage to speak out the truth.
http://www.wsws.org/articles/2006/jun2006/immi-j16.shtml
more...
yabadaba
07-24 08:07 AM
<^^^^^^>
<> <>
|
____
<> <>
|
____
kshitijnt
12-02 06:29 PM
When your H1B application is pending, you have additional 240 days after your H1B is expired (if you filed extension).
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
ps : if this helps u, give me green ... :D
Thx
The H1 and H4 extensions can be filed at the same time.
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
ps : if this helps u, give me green ... :D
Thx
The H1 and H4 extensions can be filed at the same time.
more...
sagittarian
12-18 06:24 PM
. hope this helps.
You bet! Thanks a lot.
You bet! Thanks a lot.
goel_ar
12-17 04:46 PM
Please keep this thread handy... For my wife, we went through hell due to super coordination between, immigration & social security office.
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/22458-h4-to-h1-no-ssn-yet-7-weeks.html
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/22458-h4-to-h1-no-ssn-yet-7-weeks.html
justAnotherFile
07-17 08:12 PM
Thank you Emilio, for admitting the shortcomings and correcting the wrong.
priderock
09-17 03:21 PM
Looks like no one is accepting my apologies :( maybe they will all come to DC and beat me up instead
That means no one was really offended by you. :)
You did well.
That means no one was really offended by you. :)
You did well.
ashoka
09-26 02:27 PM
Texcan,
Thank you.
Thank you.
