tnite
06-18 12:10 PM
thanks tnite!!!... u r right my opt/h1b overlaped comfortably and i was never out of status
But the problem is that you have to send in a copy of your H1B visa for I485.
The visa will mention the fact that it was issued in May 2007
USCIS might ask you 'Place of last entry: 2000" and how come you have a visa with a issue date of May 2007.
That means that you were at a US port of entry recently.
I think putting your canadian date is the best option.(My opinion)
You can always tell USCIS that you were issued a visa in Canada and technically you left the US and came back again in May 2007
But the problem is that you have to send in a copy of your H1B visa for I485.
The visa will mention the fact that it was issued in May 2007
USCIS might ask you 'Place of last entry: 2000" and how come you have a visa with a issue date of May 2007.
That means that you were at a US port of entry recently.
I think putting your canadian date is the best option.(My opinion)
You can always tell USCIS that you were issued a visa in Canada and technically you left the US and came back again in May 2007
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gman
07-29 02:55 PM
What is your exact job description in labor? I had similar delimma and I took paid consultation and as per the lawyrer, This transition falls into the catagory of "Similar" job so no problem however the biggest IF is your job description in Labor.
Are you looking for specific language? How was similar defined from your attorney?
Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:
SYSTEMS ANALYST
JOB DESCRIPTION:
Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.
JOB REQUIREMENTS:
1. Bachelor's degree in Computer Science.
2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.
The new job is: Director of Software Development
• Execute the company’s technology architecture and strategy.
• Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
• Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
• Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
• Support the division’s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
• Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
• Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
• Travel approximately 25% of the time to both in-country and international destinations.
• Perform other duties as assigned by the VP of Software Development
Are you looking for specific language? How was similar defined from your attorney?
Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:
SYSTEMS ANALYST
JOB DESCRIPTION:
Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.
JOB REQUIREMENTS:
1. Bachelor's degree in Computer Science.
2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.
The new job is: Director of Software Development
• Execute the company’s technology architecture and strategy.
• Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
• Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
• Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
• Support the division’s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
• Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
• Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
• Travel approximately 25% of the time to both in-country and international destinations.
• Perform other duties as assigned by the VP of Software Development
ivgclive
12-19 08:34 AM
Hi All,
One of my friend is in a bad situation, I am posting on behalf of him, ....
AJ
I asked my friend about this, since he has not had any idea he asked his friend, who suggsted to talk to another friend of his friend who knows little about immigration and he told my friend of friend of friend that "Tell your friend or be assured that you can not talk for your friend in immigration related issues".
Guys, we are entering 2010...
One of my friend is in a bad situation, I am posting on behalf of him, ....
AJ
I asked my friend about this, since he has not had any idea he asked his friend, who suggsted to talk to another friend of his friend who knows little about immigration and he told my friend of friend of friend that "Tell your friend or be assured that you can not talk for your friend in immigration related issues".
Guys, we are entering 2010...
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tinamatthew
07-20 09:49 AM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet)
more...
felix31
06-05 08:19 AM
well, something similar is going on with my case,though mine is not i-485...
I am waiting for H4 extension (7th year). Attorney had replied to RFE long time ago and I noticed that online message changed at one point last week, wording is not the same, but no LUD.
Now the message says that they will notify of a decision in writing.
No time-line any more...
Have no idea what that means, but I hope they will soon mail the approval. It has been almost a month since they received response to RFE.:mad:
I am waiting for H4 extension (7th year). Attorney had replied to RFE long time ago and I noticed that online message changed at one point last week, wording is not the same, but no LUD.
Now the message says that they will notify of a decision in writing.
No time-line any more...
Have no idea what that means, but I hope they will soon mail the approval. It has been almost a month since they received response to RFE.:mad:
panky72
09-17 05:09 PM
there was a thread before which I am unable to find..abt a guy who was told that Ap is only for emergency travel...someone had quoted a law from INS taht said otherwise...I want to keep a copy of the law handy in case I find an eccentric IO at POE...
Anyone has a link to that legislation..?
its probably this thread
http://immigrationvoice.org/forum/showthread.php?t=21334
Anyone has a link to that legislation..?
its probably this thread
http://immigrationvoice.org/forum/showthread.php?t=21334
more...
izolo
06-04 02:21 AM
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
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ilanbenatar
04-25 07:21 PM
Thanks Domino,
I'll do my best and cross finguers.
Good luck to you!
I'll do my best and cross finguers.
Good luck to you!
more...
mihird
07-11 03:30 PM
http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg
The button below the article lets you send emails to Bush and Cheney...
The button below the article lets you send emails to Bush and Cheney...
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pappu
02-24 11:54 AM
If we force people to fill profile, they start filling fake details.
How do we make people update their profiles with real details?
I think members can help in this task. Whenever you see a member with junk details, urge that person to update the profile to be taken seriously.
How do we make people update their profiles with real details?
I think members can help in this task. Whenever you see a member with junk details, urge that person to update the profile to be taken seriously.
more...
zofa30
09-14 11:18 AM
I just updated the info I am aware of.
Please consider the following:
Just to remind you I am on EB2+PERM.
I decided to leave my current employer within 2 months so I thought about applying for I-140 premium processing to get it approved before leaving and hence be able to port my PD to the new GC application (new EB2+PERM) with the new employer. Is it worth doing that? In other words, do I gain any time saving when I start the new GC application (EB2+PERM) by porting my PD as I will have to pay the fees twice (lawyers + applications). Please note that I am from EB2 worldwide(not China, India, Mexico, or Philippines) so I expect that the PD will be always current so there will be no time saving from porting my PD? I'd like to know your opinion.
Thanks
Please consider the following:
Just to remind you I am on EB2+PERM.
I decided to leave my current employer within 2 months so I thought about applying for I-140 premium processing to get it approved before leaving and hence be able to port my PD to the new GC application (new EB2+PERM) with the new employer. Is it worth doing that? In other words, do I gain any time saving when I start the new GC application (EB2+PERM) by porting my PD as I will have to pay the fees twice (lawyers + applications). Please note that I am from EB2 worldwide(not China, India, Mexico, or Philippines) so I expect that the PD will be always current so there will be no time saving from porting my PD? I'd like to know your opinion.
Thanks
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smuggymba
09-17 10:53 PM
Does any one on this forum know under what section of law family to emp based spill over happens ? Last year DOS allocated some 10k family visas ( unused) to emp quota but it was distributed.
Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..
Lets find out if there is any thing in law.
how much spillover are we talking about? In the other predictions threat ppl posted that 40K is needed just to get to July 2007.
Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..
Lets find out if there is any thing in law.
how much spillover are we talking about? In the other predictions threat ppl posted that 40K is needed just to get to July 2007.
more...
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pmat
01-26 11:16 AM
RTP... RTP... RTP... very good school districts, affordable housing and good desi community. Also, good amount of jobs in high-tech fields. Location is pretty good - you can drive anywhere from Florida to NY.
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traveldoc
09-30 07:16 AM
Ken,
First off priority mail could take about 5 days to reach and sounds like you are right about there now. Second, if you sent via priority mail with delivery confirmation the post office is responsible for it, contact them and try to locate the package. If you are not in a hurry for the AP I advice you to take this route. If you are in a hurry I suggest you send a second package in Express mail. Good luck with you AP.
First off priority mail could take about 5 days to reach and sounds like you are right about there now. Second, if you sent via priority mail with delivery confirmation the post office is responsible for it, contact them and try to locate the package. If you are not in a hurry for the AP I advice you to take this route. If you are in a hurry I suggest you send a second package in Express mail. Good luck with you AP.
more...
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surabhi
06-02 10:50 AM
NKR, thanks . I am considering that option.
Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?
tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?
tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
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kannan
12-02 01:33 AM
Can we apply Emergency Ap for official visit ?
more...
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questforgc
02-21 09:22 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.
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.
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deepakjain
02-24 11:19 AM
I was on the same boat in NOV at mumbai consulate, had an EAD and AP but went for stamping.
My attorney told me to wait until I get through the admin processing rather then using my AP. I did not cross question him on this and after 3 weeks I received an e-mail from the consulate to submit my passport and get my visa stamped.
Best of Luck,
Deepak
This is how the e-mail will be : take a print which should show your e-mail address as provided on the visa application form....
Dear Sir/Madam,
This is to inform you that the administrative process for your US non-immigrant visa application has been completed.
You DO NOT require scheduling another appointment. Please visit the VFS office with your yellow pending letter, passport and yellow envelope. YOU do not need to come to the CONSULATE.
Please carry a copy of this email for ready reference.
Thank you
Regards
Mumbai NIV / AO
My attorney told me to wait until I get through the admin processing rather then using my AP. I did not cross question him on this and after 3 weeks I received an e-mail from the consulate to submit my passport and get my visa stamped.
Best of Luck,
Deepak
This is how the e-mail will be : take a print which should show your e-mail address as provided on the visa application form....
Dear Sir/Madam,
This is to inform you that the administrative process for your US non-immigrant visa application has been completed.
You DO NOT require scheduling another appointment. Please visit the VFS office with your yellow pending letter, passport and yellow envelope. YOU do not need to come to the CONSULATE.
Please carry a copy of this email for ready reference.
Thank you
Regards
Mumbai NIV / AO
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krishnam70
07-08 02:37 PM
Please visit www.helpvinay.org to get furthur details.
Initially you need to go to a drive and register. You have to fill a form and give a simple swab test (Give saliva sample) . Takes 5 minutes.
Then you will get added to a national registry.
Alternately you can also register online if you not in a metropolitan area. We are having lot of drives right now in New York,New jersey,DC areas.
All details on www.helpvinay.org
If you have any more questions, I can answer
I just got this info from here and I will be going in to the drive today in my city..I have called up all my friends and informed them about it and they will be going in too. hopefully somebody will match.
Initially you need to go to a drive and register. You have to fill a form and give a simple swab test (Give saliva sample) . Takes 5 minutes.
Then you will get added to a national registry.
Alternately you can also register online if you not in a metropolitan area. We are having lot of drives right now in New York,New jersey,DC areas.
All details on www.helpvinay.org
If you have any more questions, I can answer
I just got this info from here and I will be going in to the drive today in my city..I have called up all my friends and informed them about it and they will be going in too. hopefully somebody will match.
rpulipati
09-11 05:03 PM
See ya all there!
black_logs
10-25 01:13 PM
You cannot use current job's experience in any situation
From the above posts you can defintely use the priority date once I-140 is approved and move on.
My Question is can you start a new application under PERM with the same company, use the experience gained in the current company to apply under EB2, and use the locked priority date.
Hope I make sense. I have been with my current company for more than 5 years and used the EB3 category and have no intention of leaving etc, but if I were to reapply and use the old priority dates, my dates would be current.
Thanks in advance for your comments.:)
From the above posts you can defintely use the priority date once I-140 is approved and move on.
My Question is can you start a new application under PERM with the same company, use the experience gained in the current company to apply under EB2, and use the locked priority date.
Hope I make sense. I have been with my current company for more than 5 years and used the EB3 category and have no intention of leaving etc, but if I were to reapply and use the old priority dates, my dates would be current.
Thanks in advance for your comments.:)
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