BECsufferer
10-10 01:12 PM
Vactor29;
Yes they need proof of your being able to get back to USA. At my time, I didn't had EAD or AP in-hand.
You can use private company as mentioned below. As far as I know the company I contacted was based in DC and they said they only process for US citizens. So I had to do on my own thru Chicago consulate office of Germany.
All you need is proof that you shall get entry back in USA.
I got my German visa through www.visanetwork.com
They take some fee but would get Visa for you. They make sure all your papers are OK and would tell you what to do.
Yes they need proof of your being able to get back to USA. At my time, I didn't had EAD or AP in-hand.
You can use private company as mentioned below. As far as I know the company I contacted was based in DC and they said they only process for US citizens. So I had to do on my own thru Chicago consulate office of Germany.
All you need is proof that you shall get entry back in USA.
I got my German visa through www.visanetwork.com
They take some fee but would get Visa for you. They make sure all your papers are OK and would tell you what to do.
rvurady14
04-13 02:24 PM
Congratulations!
snathan
08-25 06:15 PM
Is a lawyer necessary to file PERM? What are the cons of not hiring a lawyer and doing it ourselves?
You are not even supposed to involve in any of the PERM process. Its plain illegal. only your employer should handle it.
You are not even supposed to involve in any of the PERM process. Its plain illegal. only your employer should handle it.
techbuyer77
06-12 05:27 PM
i am currently legally working with the new employer.
My queston is how likely is to get approved before 180 days
My queston is how likely is to get approved before 180 days
more...
Suva
11-12 04:17 PM
Don't give any suggestion on which you don't have any clear knowledge.
"LostInGCProcess" is right in his answer. Visa does not decide duration of stay in US. Duration of a visa is the time when you can enter US legally. But the person's stay in US is decided by I-94 at port of entry. I have seen quite a few people coming here in US with visa expiring within a month but got I-94 for a duration of 3 to 6 months.
The VO gives I-94 only up to the expiry of visa period. Its rare to see someone gives I-94 beyond the expiry date of visa. There is a risk involved.
When you have 10 years visa, they give 2 months and 4 months many times, I don't expect them giving gifts to visitors.
"LostInGCProcess" is right in his answer. Visa does not decide duration of stay in US. Duration of a visa is the time when you can enter US legally. But the person's stay in US is decided by I-94 at port of entry. I have seen quite a few people coming here in US with visa expiring within a month but got I-94 for a duration of 3 to 6 months.
The VO gives I-94 only up to the expiry of visa period. Its rare to see someone gives I-94 beyond the expiry date of visa. There is a risk involved.
When you have 10 years visa, they give 2 months and 4 months many times, I don't expect them giving gifts to visitors.
ArkBird
09-14 11:46 PM
Thanks for sharing your experience.. BTW, were you using your AP for the first time? I have heard that while traveling on AP you need to go through secondary screen, which takes time. Is that true?
Yes you have to go to secondary inspection. Time depends on how many other people are referred to secondary inspection. There will be some with AP some with other issues. In my case, there were 7-8 people ahead of us and it took close to 90 minutes.
HTH
Yes you have to go to secondary inspection. Time depends on how many other people are referred to secondary inspection. There will be some with AP some with other issues. In my case, there were 7-8 people ahead of us and it took close to 90 minutes.
HTH
more...
smmakani
04-11 07:19 PM
I think you need to apply for a labour certification a year before a completion of 6 year of H1 period for 7th year extension but in perm you get labour certified within 2 months. Even if you start now you can get your labour and I140 (in premium processing) done before DEC. After then you can leave back to home country and still continue the process as future emplyoment.
I don't know if you become eligible for 7th year extension.
I don't know if you become eligible for 7th year extension.
windycloud
07-10 10:33 AM
The H1 document in and by itself is not. The I-94 card that comes printed at the bottom is. And the I-94 card is a valid document as per the I-9 form.
Exactly. And that's what I gave them. The I-797 with the I-94. And this agency I'm talking about is TSA, part of Homeland Security. And obviously they don't know how to read a legal document issued by USCIS, also part of Homeland Security.
Exactly. And that's what I gave them. The I-797 with the I-94. And this agency I'm talking about is TSA, part of Homeland Security. And obviously they don't know how to read a legal document issued by USCIS, also part of Homeland Security.
more...
kiran_k02
05-12 09:24 PM
Does frankfurt require transit visa if some one is traveling to India if:
A) While going to india and have H1/H4 valid until 2011, but stamping expired.
B) while coming back to USA if I am planning on coming on Advance Parole ?
How long does the airport visa take ? I traveled through FF in 2005, but I had valid H1 stamp. It is expired since and perhaps wont get stamped before coming back, but use AP.
<edit> This is what I found on the germany.info site
"Indian, Turkish, Nigerian and Ghanaian airport transit travelers who
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
or- after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold"
</edit>
I travelled through FrankFurt to India( enroute to India, I did not have valid visa on my passport) and back with stamped Visa. I had AP but did not use it.
My advice to you, don't worry about it. You do not need transit visa.
KK
A) While going to india and have H1/H4 valid until 2011, but stamping expired.
B) while coming back to USA if I am planning on coming on Advance Parole ?
How long does the airport visa take ? I traveled through FF in 2005, but I had valid H1 stamp. It is expired since and perhaps wont get stamped before coming back, but use AP.
<edit> This is what I found on the germany.info site
"Indian, Turkish, Nigerian and Ghanaian airport transit travelers who
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
or- after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold"
</edit>
I travelled through FrankFurt to India( enroute to India, I did not have valid visa on my passport) and back with stamped Visa. I had AP but did not use it.
My advice to you, don't worry about it. You do not need transit visa.
KK
amitga
03-27 10:23 PM
I think its a typo and you should contact USCIS through your lawyer and get this problem corrected to avoid any problems later.
more...
whattodo
07-09 10:53 AM
What does AC-21 have to do with verifying out of status? Can you give more details on how AC-21 affected his I-485?
Thanks
There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.
This happened in early 2007.
______________________
Not a legal advice
Thanks
There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.
This happened in early 2007.
______________________
Not a legal advice
matreen
10-07 03:59 PM
i am going to do almost exactly what you are thinking in a matter of few days. i spoke to two lawyers. essentially, ac21 allows this and there is nothing that you have to really do. Of course, i am assuming that you are moving into a job that has the similar job duties as specified in your labor application. what you need to do is make 100% sure that you have documentation to prove this job duties similarity. if you are going to get an SOW from your client, make sure that the SOW is similar to your labor. if you can, do get a letter from your client (where you will do your actual work) stating your job responsibilities, work content etc. you will also need to document/prove actual existence of your business by showing your tax transactions, invoices/receipts etc. also, make sure that you are spending 40 hours (or whatever is the equivalent of a full time job) doing your labor certified job... all this will be required only if USCIS sends you an RFE or calls you for an interview.
wish you luck
Don't you think if you're changing jobs and new job has to be fulltime with new employer? not contract?
Can we invoke AC21 on temp contracting job?
As you said if you go with contracing job where you will be running your payroll? Is it on your new owned company on your name? Or it has to be someone else name like spouse or friend?
Thanks,
Matt
wish you luck
Don't you think if you're changing jobs and new job has to be fulltime with new employer? not contract?
Can we invoke AC21 on temp contracting job?
As you said if you go with contracing job where you will be running your payroll? Is it on your new owned company on your name? Or it has to be someone else name like spouse or friend?
Thanks,
Matt
more...
dil_ip3
02-25 10:57 AM
My wife wants to move from h1b to h4 status.
Her H1b has started on Oct 1st 2008, and since then her employeer has not found any project and he is not running any her payroll till now.
What is the procedure to come back to H4.
She already has H4 Stamping valid in her passport (until August 2009).
She does not have H1B Stamping on her passport.
My H1B status is perfect with all paystubs.
Her lawyers are suggesting her to go out of country and come back on her H4 Stamping.
I am afraid if any one would ask her about her H1B Paystubs on her arrival back into USA.
Would there be any problem in coming back on H4?
Her H1b has started on Oct 1st 2008, and since then her employeer has not found any project and he is not running any her payroll till now.
What is the procedure to come back to H4.
She already has H4 Stamping valid in her passport (until August 2009).
She does not have H1B Stamping on her passport.
My H1B status is perfect with all paystubs.
Her lawyers are suggesting her to go out of country and come back on her H4 Stamping.
I am afraid if any one would ask her about her H1B Paystubs on her arrival back into USA.
Would there be any problem in coming back on H4?
bitzbytz
07-13 02:55 PM
i do agree. can we leave this over here.....i will refrain from unncessary posts in future...
more...
eastindia
07-29 11:01 AM
Why did you use a sub labor? Is it the same employer you are working with now? Is the employer blacklisted? This answer may throw some light on your denial.
satyasaich
09-08 01:03 PM
Surely great job.
i hope all these sincere efforts will result in a win-win situation
wonderful job
Satya
i hope all these sincere efforts will result in a win-win situation
wonderful job
Satya
more...
jq45
06-15 10:11 AM
Medical Examination I-693 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
On this link it says the following:
Edition Date :
9/16/05. Previous editions accepted
I'm a confused by that. So 9/16/05 is the revision date, and both the new form that expires 5/31/08 as well as the current one that expires 06/30/07 have that says revision 9/16/05. So it looks like it's the identical form except for the expiry date and OMB number.
On this link it says the following:
Edition Date :
9/16/05. Previous editions accepted
I'm a confused by that. So 9/16/05 is the revision date, and both the new form that expires 5/31/08 as well as the current one that expires 06/30/07 have that says revision 9/16/05. So it looks like it's the identical form except for the expiry date and OMB number.
seaken75
11-01 02:37 AM
One of the requirement is if you were last submitted to the U.S. as a non-immigrant on or before Sept 30, 2002. At that point in time, i entered the U.S. in January 2003 after taking a 2 weeks Christmas break.
texcan
09-14 06:58 AM
Out of the labor backlog that covers me,
Black as the Pit from pole to pole,
I thank whatever gods may be
For IV's unconquerable soul.
In the fell clutch of rules quagmire
I have not winced nor cried aloud.
Under the bludgeoning of chance
My career is bloody, but unbowed.
Beyond this GC pace of wrath and tears
Looms but the Horror of the delay,
And yet the menace of the rules
Finds, and shall finds me/us/IV unafraid.
Waiting in vain for Name check, Years wasted in pain
Though I know, I have never done nothing wrong
One day to be out of this nightmare is my hope
I know for sure without IV I cant cope
It matters not how strait the gate,
How charged with punishments the scroll,
I am the master of my fate
I am the captain of my soul.
---------------------------------------------------
This is based on Invictus, a work by William Ernest Hanley, Ref http://www.bartleby.com/103/7.html
I made changes in original work. See if you all like it, and lets see how we can reference it.
I like Invictus, very encouraging work, its good read for everyone. Ref http://www.bartleby.com/103/7.html
Thanks for reading
Black as the Pit from pole to pole,
I thank whatever gods may be
For IV's unconquerable soul.
In the fell clutch of rules quagmire
I have not winced nor cried aloud.
Under the bludgeoning of chance
My career is bloody, but unbowed.
Beyond this GC pace of wrath and tears
Looms but the Horror of the delay,
And yet the menace of the rules
Finds, and shall finds me/us/IV unafraid.
Waiting in vain for Name check, Years wasted in pain
Though I know, I have never done nothing wrong
One day to be out of this nightmare is my hope
I know for sure without IV I cant cope
It matters not how strait the gate,
How charged with punishments the scroll,
I am the master of my fate
I am the captain of my soul.
---------------------------------------------------
This is based on Invictus, a work by William Ernest Hanley, Ref http://www.bartleby.com/103/7.html
I made changes in original work. See if you all like it, and lets see how we can reference it.
I like Invictus, very encouraging work, its good read for everyone. Ref http://www.bartleby.com/103/7.html
Thanks for reading
moclutch
03-04 04:30 PM
I received my card production ordered email today. All thanks God for making all this possible. I came to the US in Jan 1995 on F1 to begin my undergrad, switched to H1 in 1998, had a GC PD of 2002, and now 14 years and a countless visa's later, I was greened today.
I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.
For those that are still on the journey - just hang in there and your time surely will come!
I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.
For those that are still on the journey - just hang in there and your time surely will come!
GCBy3000
02-12 02:36 PM
If you have approved labor and 140, why you want to file EB2 perm?
1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.
2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.
Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.
2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.
Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
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