ShilpaT
11-20 02:47 PM
My company had promised that they would start my GC processing once I complete a year which was in March 2009. Since then they have been going back and forth with the lawyers writing the job description to post the job ad.
The lawyer tells us that the department of labour has tightened up the process and so the job description needs to be very generic with minimum number of years of experience(2 for a sr. software engineer) and this has caused a lot of controversy that this will cause an audit and so on and forth.
I am sure there are many other people out there who are applying even now. I do not know if its the lawyer or the company that is causing an issue here.
My only option would be to search for another job who will do my GC. But i dont have so much time left for all that.
What can i do?
The lawyer tells us that the department of labour has tightened up the process and so the job description needs to be very generic with minimum number of years of experience(2 for a sr. software engineer) and this has caused a lot of controversy that this will cause an audit and so on and forth.
I am sure there are many other people out there who are applying even now. I do not know if its the lawyer or the company that is causing an issue here.
My only option would be to search for another job who will do my GC. But i dont have so much time left for all that.
What can i do?
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waiting for GC2010
11-18 12:01 PM
is it? I am not aware of this.Anyways thankyou fide_champ.
gcseeker2002
01-07 10:28 AM
Like many others we have been waiting for our AOS application to be approved for over 2 years. But the strange thing is, I did get an EAD approved but they never called me in for fingerprinting and Biometrics. I know I had to do the non-immigration "registration" that was initiated a few years ago and they had taken my fingerprints and biometrics, is that why they didn't call me in again? since they already have it?
Good to know this !
Good to know this !
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singhsa3
12-13 12:55 PM
They do keep record of when you called and what did you call about. I can tell that from personal experience.
In my case , I called them about Name Check and I was told that I called them earlier asking the same question and was asked to check back when 120 days are over.
This was the first time I called up the USCIS help desk (1-800-375-5283) to find about AC21 180 days rule, when she asked what is this for I informed for change of employer.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
In my case , I called them about Name Check and I was told that I called them earlier asking the same question and was asked to check back when 120 days are over.
This was the first time I called up the USCIS help desk (1-800-375-5283) to find about AC21 180 days rule, when she asked what is this for I informed for change of employer.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
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AllIzzWell
05-03 10:39 AM
Hi Gurus,
My wife has her H4 Visa stamp until 1st Oct 2010. She is in India. I am planning to visit India and travel back with her. If my visa gets stuck in "Admin Processing" will my wife be able to travel back on her valid H4 Visa.
She has to travel back due to some personal reasons.
Please advise.
Thanks
My wife has her H4 Visa stamp until 1st Oct 2010. She is in India. I am planning to visit India and travel back with her. If my visa gets stuck in "Admin Processing" will my wife be able to travel back on her valid H4 Visa.
She has to travel back due to some personal reasons.
Please advise.
Thanks
Roger Binny
02-09 03:55 AM
Sorry to hear the situation.
As you know if you can find another job based on H1 then no problem in porting your H1 to a new employer,now being in feb april is 50 days away so hope for best.
In this situation, yes, legal advice is preferred, relying info on the forums is never a right idea when it comes to a situation where stakes are high.
If there is any option of changing to H4 now and switching back to H1 later and pick the GC process where it was left before then that would be an ideal scenario, only an experienced attorney can answer this, hence the legal advice option.
Compared to H4, over stay may cause more trouble for now and later in AOS.
PS: My 2 cents and i'm not an attorney.
As you know if you can find another job based on H1 then no problem in porting your H1 to a new employer,now being in feb april is 50 days away so hope for best.
In this situation, yes, legal advice is preferred, relying info on the forums is never a right idea when it comes to a situation where stakes are high.
If there is any option of changing to H4 now and switching back to H1 later and pick the GC process where it was left before then that would be an ideal scenario, only an experienced attorney can answer this, hence the legal advice option.
Compared to H4, over stay may cause more trouble for now and later in AOS.
PS: My 2 cents and i'm not an attorney.
more...
pd_recapturing
06-17 09:17 PM
Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.
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abhis0
09-12 01:48 PM
I have no news yet about my 2 July applications.
nkavjs, I am with you brother.
nkavjs, I am with you brother.
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[uber]
04-09 03:47 AM
and yes i separated it...
i got this idea from the ipod chicken sandwhich thread
i got this idea from the ipod chicken sandwhich thread
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loudobbs
08-28 04:56 PM
Hi
I am planning on using AC21 to switch employers. since it says that the new job should be in the same job classification, how do I know what classification my labor was approved in? I have a copy of the approval notice and under occupation it says consultant and it has the following code after it:
189167030. anybody knows what this code means or how I can find out my jobe code?
I am planning on using AC21 to switch employers. since it says that the new job should be in the same job classification, how do I know what classification my labor was approved in? I have a copy of the approval notice and under occupation it says consultant and it has the following code after it:
189167030. anybody knows what this code means or how I can find out my jobe code?
more...
optimist578
10-17 07:37 AM
I am in the same situation as thesaintmav. My priority date is Mar 03.
I am really curious to find out more about the conversion process from EB3 to EB2, especially, whether it can be done staying in the same company.
Waiting for the EB3 pointer to move from Apr 01 to Mar 03 might take ages, I would guess at least 1 to 1.5 years - given that the EB3 visas are retrogressed in "all categories" - not just India or China.
I am really curious to find out more about the conversion process from EB3 to EB2, especially, whether it can be done staying in the same company.
Waiting for the EB3 pointer to move from Apr 01 to Mar 03 might take ages, I would guess at least 1 to 1.5 years - given that the EB3 visas are retrogressed in "all categories" - not just India or China.
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raysaikat
08-22 11:58 PM
I entered on a H4 on my New Zealand passport and it is valid 2010. I now have a H1B ie a I-797A and a new I-94 that is also valid till 2010. I'm leaving the country for the first time to go to Australia.
Do I need to get a new visa stamp for my passport?
If you want to enter US as an H1-B, you will need an H1-B visa stamp on your passport.
If I need to get a new visa stamp, do I need to go back to New Zealand or can I do it in other countries?
You can do that from any consulate. However, note that there is a possibility that the IO will need a so-called "security check" which takes 2-3 months (and sometimes, years). In that case, you will be stuck outside US (you cannot get back to US while the security check is pending). So it is advisable to go to a country where you have a place to stay for a long time, if needed. For most people, it is their home country. Also the chances of getting a security check is higher if you go to a consulate other than the consulate in your home country.
Can I travel with my passport which shows the H4 visa and carry with me my I-797A and new I-94 to re-enter the country?
Thanks
You can, but then your status will be H4 and you will not be able to work. The principle is that your status is determined by the latest I-94 you receive. To work on H1-B, your latest I-94 (the one you got it while entering US or as attached with the I-797 form) must be for H1-B (the visa status is written on the I-94).
Do I need to get a new visa stamp for my passport?
If you want to enter US as an H1-B, you will need an H1-B visa stamp on your passport.
If I need to get a new visa stamp, do I need to go back to New Zealand or can I do it in other countries?
You can do that from any consulate. However, note that there is a possibility that the IO will need a so-called "security check" which takes 2-3 months (and sometimes, years). In that case, you will be stuck outside US (you cannot get back to US while the security check is pending). So it is advisable to go to a country where you have a place to stay for a long time, if needed. For most people, it is their home country. Also the chances of getting a security check is higher if you go to a consulate other than the consulate in your home country.
Can I travel with my passport which shows the H4 visa and carry with me my I-797A and new I-94 to re-enter the country?
Thanks
You can, but then your status will be H4 and you will not be able to work. The principle is that your status is determined by the latest I-94 you receive. To work on H1-B, your latest I-94 (the one you got it while entering US or as attached with the I-797 form) must be for H1-B (the visa status is written on the I-94).
more...
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gc_user
11-27 09:29 PM
My husband has a unique experience with his I 485.My husband's employer filed I 131 ,I 485 for my husband and I 131,I 485 and I 765 for me on august 16.I recieved my receipts on october 16 and got my EAD approved on November 16. My husband didn't receive even receipt notices.
When he called UCSIS and checked on his status with level 2 officer, they told that they did not have any info on I485 but voided his I 131 application. He is planning on reapplying for I485.
Is there any downside of reapplying it as our priority date is september 2003(EB2).
When he called UCSIS and checked on his status with level 2 officer, they told that they did not have any info on I485 but voided his I 131 application. He is planning on reapplying for I485.
Is there any downside of reapplying it as our priority date is september 2003(EB2).
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eadguru
10-04 11:34 AM
My self and my wife both are on H1B. Both are working for different companies.
I filled I 485, EAD and AP through my company, for my self and my wife.
Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?
2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.
Your help will be really appreciated. :)
EadGuru
I filled I 485, EAD and AP through my company, for my self and my wife.
Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?
2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.
Your help will be really appreciated. :)
EadGuru
more...
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h1techSlave
02-23 08:51 PM
My employer participates in e-verify and we have several employees in H1/EAD/OPT etc. No issues so far.
Since lawyers are opposing e-verify, e-verify should be good for us. ;);)
Since lawyers are opposing e-verify, e-verify should be good for us. ;);)
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mdb1776
06-23 06:13 PM
Hello All,
Need you guys expert advise on a problem that I have just found.
I was on L1 since 2007 and in 2008 got my H1B visa done. Since I was in the US during september and october 2008, I changed my company who held my H1B as of 1st October,2008. I dont have an H1B stamp on my passport as I have not been out of the US.
It was only yesterday that I realised I had a I-797B approval notice, which from what I read yesterday, means that I have a petition approved but without I-94.
Now my L1 I-94 on my passport is valid till November 2010.
Need your help to understand if I have an issue here for the fact that I have worked with my employer who holds my H1B for the past 9 months.
If so what are the challenges that I have and the solutions for them.
Also has anyone been in the same situation.
Would greatly appretiate your help in this.
Need you guys expert advise on a problem that I have just found.
I was on L1 since 2007 and in 2008 got my H1B visa done. Since I was in the US during september and october 2008, I changed my company who held my H1B as of 1st October,2008. I dont have an H1B stamp on my passport as I have not been out of the US.
It was only yesterday that I realised I had a I-797B approval notice, which from what I read yesterday, means that I have a petition approved but without I-94.
Now my L1 I-94 on my passport is valid till November 2010.
Need your help to understand if I have an issue here for the fact that I have worked with my employer who holds my H1B for the past 9 months.
If so what are the challenges that I have and the solutions for them.
Also has anyone been in the same situation.
Would greatly appretiate your help in this.
more...
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arya_322
07-24 03:23 PM
I entered US last december 2007 with a visitors visa,allowed me to stay for 6 mos.,last march 2008 I married my fiance who has a H1b visa and is working right now here in the US and last May 2008 I Applied for a change of status from visitors to H4 dependent..Until now the case is pending but right now we had a family crisis back home and I have to go back home asap...what will happen with my application if I go home...Will I still be able to come back here and will I be out of status if I leave my pending application here???
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nath.exists
11-02 11:26 AM
Hi Tharu,
I am in the same boat as you. i.e. My wife's place of birth is a country where the visa numbers are still available . I am trying cross chargeability. She is still not in USA yet. we both can exchange info. if you would like.Thanks.
I am in the same boat as you. i.e. My wife's place of birth is a country where the visa numbers are still available . I am trying cross chargeability. She is still not in USA yet. we both can exchange info. if you would like.Thanks.
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InTheMoment
04-27 11:10 AM
Hey Congratulations Panama !
A week's time after approval is a good estimate for receiving the cards in the mail. So expect them by April 30 :)
A week's time after approval is a good estimate for receiving the cards in the mail. So expect them by April 30 :)
SlowRoasted
04-24 10:33 PM
nice, i like the green one best
Counterproductive
10-28 09:09 PM
No need to say sorry to me, I was just pointing it out.
Don't really know how popular it was, it might not be an issue.
But just to be safe you might want to change it.
Don't really know how popular it was, it might not be an issue.
But just to be safe you might want to change it.
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