roseball
01-18 01:34 PM
If "if you re-enter US before your extension is valid" is not the case then following is my experience.
Once you get the new H1 visa stamped, the old visa is "cancelled without prejudice" by the consulate. The consulate puts a stamp to that effect on your old visa in the passport. I don't see how an IO would consider the old H1 Valid at that point. I have gone through similar scenario once.
You are right, I stand corrected. I was referring to the scenario when trying to re-enter on the current VISA stamp without getting a new VISA stamp and expecting to get an I-94 till the validity of the approved extension.
Once you get the new H1 visa stamped, the old visa is "cancelled without prejudice" by the consulate. The consulate puts a stamp to that effect on your old visa in the passport. I don't see how an IO would consider the old H1 Valid at that point. I have gone through similar scenario once.
You are right, I stand corrected. I was referring to the scenario when trying to re-enter on the current VISA stamp without getting a new VISA stamp and expecting to get an I-94 till the validity of the approved extension.
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amberGC
07-19 11:00 AM
Chanduv thanks for your reply. I could not think of anyone who would know this in dept... Do you think there is still hope for me? I am about to give up on 2008 match and wait until gc comes...
Paskal, thanks for sharing your wisdom. I guess I need to wait a few more years...
I am new here- will check the IV Physicians group.
Paskal, thanks for sharing your wisdom. I guess I need to wait a few more years...
I am new here- will check the IV Physicians group.
chanduv23
02-04 09:36 AM
Attorney Prashanthi Reddy would like to resume the free Attorney chat sessions after a break.
We plan to have the next chat session on Thursday, Feb 05, 2009 at 9.30 PM EST.
Please log on to the messenger to participate in the chat.
If anything changes, I will post on this thread.
We plan to have the next chat session on Thursday, Feb 05, 2009 at 9.30 PM EST.
Please log on to the messenger to participate in the chat.
If anything changes, I will post on this thread.
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ebizash
08-03 01:39 PM
Panky,
Copy the text from Pappu's post. Go to Edit Signature option under User CP. Paste your copied text in the box. Now highlight "contributing to immigrationvoice" and then click on "globe-like" button right below "smily" button. This will pop-up the hyperlink box. Type of copy this in to the box "http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44"]contributing to immigrationvoice"
Copy the text from Pappu's post. Go to Edit Signature option under User CP. Paste your copied text in the box. Now highlight "contributing to immigrationvoice" and then click on "globe-like" button right below "smily" button. This will pop-up the hyperlink box. Type of copy this in to the box "http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44"]contributing to immigrationvoice"
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gauravster
01-16 01:41 PM
Guys, looks like a lot of people are voting against H1B visas as well. I think since most of us are here on these visas, we should support these visas as well.
Even if we are able to get green cards, it is important that we strive to keep this place the best atleast in our lifetime. On that ground, it is important that we understand and stand up to the H1B visa provision which gets the best people in the world to this counrty and also make sure that they stay here.
I felt bad that even some people who are here (or atleast claim to be) on H1B seem to suggest on change.gov that the visa is not good for jobs here. Can we expect this country to be able to produce cmopanies like Google, Yahoo, Sun and numerous others if we are not able to atract talent.
On this note I would also like to add one insight that we had once we were discussing in office. My boss's contention was that if you are paid half the money as you are here, would you go back to India. A discussion ensued and we both concluded that the thing that keeps this country in the forefront of technology is that it attarcts the best people from all around. Be it Indian, chinese, European, Arab, African. It would be difficult to find an environment so geared to be able to get the best brains and keep them there. India/China is also growing, but unless they are able to attract talent like US, it would be difficult for them to match atleast in technology (which also ties down to higher per capita GDP).
Even if we are able to get green cards, it is important that we strive to keep this place the best atleast in our lifetime. On that ground, it is important that we understand and stand up to the H1B visa provision which gets the best people in the world to this counrty and also make sure that they stay here.
I felt bad that even some people who are here (or atleast claim to be) on H1B seem to suggest on change.gov that the visa is not good for jobs here. Can we expect this country to be able to produce cmopanies like Google, Yahoo, Sun and numerous others if we are not able to atract talent.
On this note I would also like to add one insight that we had once we were discussing in office. My boss's contention was that if you are paid half the money as you are here, would you go back to India. A discussion ensued and we both concluded that the thing that keeps this country in the forefront of technology is that it attarcts the best people from all around. Be it Indian, chinese, European, Arab, African. It would be difficult to find an environment so geared to be able to get the best brains and keep them there. India/China is also growing, but unless they are able to attract talent like US, it would be difficult for them to match atleast in technology (which also ties down to higher per capita GDP).
vishwak
11-23 10:59 AM
1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?
If any RFE comes, new company should be able to support as per job description/title in Labor which they won't I believe.
2. Temporary resignation and rejoining - is it really feasible?
I don't think you need to resign something in particular.
You can work with SAP company and when your date is becoming current move to QA Company and you should be good. Its like filing AC-21 to SAP company and again filing AC-21 to QA Company.
I know lot of people do this who are working on EAD. Generally you know your date will be current in next year. So you can work for SAP untill June/july-2011 and then move back to QA Company before date becomes current.
3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.
Your choice and lets wait for some Guru's answers.
If any RFE comes, new company should be able to support as per job description/title in Labor which they won't I believe.
2. Temporary resignation and rejoining - is it really feasible?
I don't think you need to resign something in particular.
You can work with SAP company and when your date is becoming current move to QA Company and you should be good. Its like filing AC-21 to SAP company and again filing AC-21 to QA Company.
I know lot of people do this who are working on EAD. Generally you know your date will be current in next year. So you can work for SAP untill June/july-2011 and then move back to QA Company before date becomes current.
3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.
Your choice and lets wait for some Guru's answers.
more...
Dhundhun
03-29 09:51 PM
---
God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.
How come sareesh will return on expired Visa (12/09/2006)?
God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.
How come sareesh will return on expired Visa (12/09/2006)?
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hopefull
05-25 01:58 AM
No need to be scared of CIR. Even CIR is passed in current form US will reward right people those who are ready to take challenges. Make note of people who came for study in 1970 to 1995 How did they survive and overcome lot of issues. Those who want to get greencard on arrival has to forget and pack the bags. Those who has patience and work hard will get all including gc. There is always a way.
Dude since 1999 to 2006 ..nothing
Dude since 1999 to 2006 ..nothing
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gcholder
02-21 01:03 AM
I totally agree with you...recently I moved to CA and it took me close to 2 months before I had 3 offers...I can see it can be frustating, distracting but keep +ve and it will be rewaded.
Recently I got laid off and I worried on how long it would take me to find a job, Here is my situation:-
* I have a green card
* Severance package I received is 7 months
* Skills - MS computer science, 6 years full time experience in financial industry. SQL server 2000, C# (mid level programmer), solid communication skills
* I live in New York, open to find a job in tri state area (or ideally would like to move to bay area)
* I have two kids, Wife is not working
* My salary expectations - 110k+
Any suggestions on how to get motivated ? Every where news is really bad and there are only few openings - what are best ways to explore the opening's ? please let me know your job search experience
Thanks
Recently I got laid off and I worried on how long it would take me to find a job, Here is my situation:-
* I have a green card
* Severance package I received is 7 months
* Skills - MS computer science, 6 years full time experience in financial industry. SQL server 2000, C# (mid level programmer), solid communication skills
* I live in New York, open to find a job in tri state area (or ideally would like to move to bay area)
* I have two kids, Wife is not working
* My salary expectations - 110k+
Any suggestions on how to get motivated ? Every where news is really bad and there are only few openings - what are best ways to explore the opening's ? please let me know your job search experience
Thanks
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rameshvaid
09-02 03:02 PM
Hi there,
I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
2. Does the port of entry officer sees the arrest even I expunge the case?
3. any other scenarios I might encounter?
Any suggestions are highly appreciated
Thank you
At the POE the IO will surely know abt your arrest. Have all your documents from the court and show it to them and you will be allowed to come in.
Expungement can be done only after 12 months and u should not have any other record against you.
Just relax,, do not repeat the mistake and cross the boarder if you have to peacefully.. You will be just fine..
RV
I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
2. Does the port of entry officer sees the arrest even I expunge the case?
3. any other scenarios I might encounter?
Any suggestions are highly appreciated
Thank you
At the POE the IO will surely know abt your arrest. Have all your documents from the court and show it to them and you will be allowed to come in.
Expungement can be done only after 12 months and u should not have any other record against you.
Just relax,, do not repeat the mistake and cross the boarder if you have to peacefully.. You will be just fine..
RV
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njdude26
07-02 08:34 AM
I can file my 485 from outside the country ? I always thought that once I go out of the country i will have to refile my I140 and then 485 in consular processing.
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unseenguy
06-19 07:04 PM
Let me enlighten you folks here who are talking about double standards.
First of all this has got nothing to do with with your immigration issue. Next, the Iranian President has said that Israel should not exist and even denied the holocaust. With their nuclear program underway and talks going on, it was being thought that a more moderate leader will come to helm. Apparently it is now being believed that the elections were rigged. With a moderate leader, it is quite possible that talks may begin and an imminent Israel-Iran war be averted. How can 11 million votes be rigged? If they are counted fast in a few hours, yes they can be rigged.
Every country has issues that their population follows. Its no different than any issue that is followed in Indian media. When one issue dies down, another is brought in forefront. Why are you even surprised?
Well, If Mahmoud Ahmedinejad is referring to genocide then he needs to be condemned and if people have chosen him then there needs to be international pressure on iran to change its policies. However, this election is about choice by Iranian people and their genuine will should be respected. Everyone knows that west hates current dispensation in Iran but best thing to do is not to poke nose in other's affairs. This is something west does often and world despises.
The truth will ultimately come out. But is best left to Iranian people. The moment west sniffs an opening they are all for regime change where they dont like regime. They havent leanrt to live with and respect choices of people where it does not match their agenda.
Past elections have been rigged in India , US , everywhere, so there is nothing new in this. Those who have the power will want to retain it.
First of all this has got nothing to do with with your immigration issue. Next, the Iranian President has said that Israel should not exist and even denied the holocaust. With their nuclear program underway and talks going on, it was being thought that a more moderate leader will come to helm. Apparently it is now being believed that the elections were rigged. With a moderate leader, it is quite possible that talks may begin and an imminent Israel-Iran war be averted. How can 11 million votes be rigged? If they are counted fast in a few hours, yes they can be rigged.
Every country has issues that their population follows. Its no different than any issue that is followed in Indian media. When one issue dies down, another is brought in forefront. Why are you even surprised?
Well, If Mahmoud Ahmedinejad is referring to genocide then he needs to be condemned and if people have chosen him then there needs to be international pressure on iran to change its policies. However, this election is about choice by Iranian people and their genuine will should be respected. Everyone knows that west hates current dispensation in Iran but best thing to do is not to poke nose in other's affairs. This is something west does often and world despises.
The truth will ultimately come out. But is best left to Iranian people. The moment west sniffs an opening they are all for regime change where they dont like regime. They havent leanrt to live with and respect choices of people where it does not match their agenda.
Past elections have been rigged in India , US , everywhere, so there is nothing new in this. Those who have the power will want to retain it.
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redgreen
07-15 10:31 AM
It is clearly written in the instruction of I-765 that :
"Adjustment applicant who filed for the adjustment under the fee structure implemented July 30, 2007"
Note that it is not whether you filed on or after July 30, 2007 but the fee that you paid for I-485. I don't know why people don't even read the basic instructions coming along with the applications form!
Simply, this is the rule. If you have paid higher fee for I-485 then you don't pay fee for EAD (new or renewal). otherwise you must pay the fee. . As most of the people who filed before Aug 17, 2007 would have paid previous lower fee and those who applied know very well that they applied in August as part of the 'faisco'; it was basically a July 2007 filing with older fee.
Many lawyers don't know anything other than making money.
"Adjustment applicant who filed for the adjustment under the fee structure implemented July 30, 2007"
Note that it is not whether you filed on or after July 30, 2007 but the fee that you paid for I-485. I don't know why people don't even read the basic instructions coming along with the applications form!
Simply, this is the rule. If you have paid higher fee for I-485 then you don't pay fee for EAD (new or renewal). otherwise you must pay the fee. . As most of the people who filed before Aug 17, 2007 would have paid previous lower fee and those who applied know very well that they applied in August as part of the 'faisco'; it was basically a July 2007 filing with older fee.
Many lawyers don't know anything other than making money.
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psaxena
11-19 05:13 PM
Tech workers take H-1B case to Supreme Court - Network World (http://www.networkworld.com/news/2009/111809-tech-workers-take-h-1b-case.html?fsrc=netflash-rss)
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Heart
10-07 05:35 PM
My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.
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skothuru
07-17 05:00 PM
I think we can still file till July 31st as per July Visa Bulletin (released on June 12)
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gbof
10-15 02:01 PM
Anybody having experienced RFE after rfe.
I responded to a very simple rfe (asked to provide approval of form I-612) and after that online staus is 'response recd--case being processed ...blah..blah. Should it be a done deal? Pl, share your thoughts
I responded to a very simple rfe (asked to provide approval of form I-612) and after that online staus is 'response recd--case being processed ...blah..blah. Should it be a done deal? Pl, share your thoughts
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tanu_75
07-29 02:53 PM
The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.
Interesting so you're willing to acccept information from your lawyer who you think gets his information from USCIS but not willing to trust USCIS's information which we use here that USCIS makes itself available freely now. Hmm, not saying don't trust your lawyer but you would be surprised how inefficient some of the lawyers can be. None of them predicted the movement for the past two months which was pretty much spot on based on analysis by Q and others on the thread. I would rather trust analysis which I can see and test myself rather than take the word of a lawyer just because he's a lawyer.
Interesting so you're willing to acccept information from your lawyer who you think gets his information from USCIS but not willing to trust USCIS's information which we use here that USCIS makes itself available freely now. Hmm, not saying don't trust your lawyer but you would be surprised how inefficient some of the lawyers can be. None of them predicted the movement for the past two months which was pretty much spot on based on analysis by Q and others on the thread. I would rather trust analysis which I can see and test myself rather than take the word of a lawyer just because he's a lawyer.
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snathan
04-12 07:17 PM
Hi,
Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:
"My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."
And he puts the below figure his company has borne towards expenses for my H1 application:
1)Education evaluation: $125
2)Attorney fees: $1000
My question is:
1) Is attorney fees really $1000 or it is much less than what he claims it to be?
2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.
How can I proceed in this matter? Plz advice.
Thanks
raj131982
Just respond to the above email, you are filing complaint with DOL, USCIS for collecting money from the employe. If you are getting back your money witin XX days, he needs to face the DOL audit. So he needs to decide which one to chose.
and see his reaction for that. Record all the conversation and email between you.
Thanks
Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:
"My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."
And he puts the below figure his company has borne towards expenses for my H1 application:
1)Education evaluation: $125
2)Attorney fees: $1000
My question is:
1) Is attorney fees really $1000 or it is much less than what he claims it to be?
2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.
How can I proceed in this matter? Plz advice.
Thanks
raj131982
Just respond to the above email, you are filing complaint with DOL, USCIS for collecting money from the employe. If you are getting back your money witin XX days, he needs to face the DOL audit. So he needs to decide which one to chose.
and see his reaction for that. Record all the conversation and email between you.
Thanks
nixstor
04-08 10:18 AM
Hi all,
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
Tell him that this is NOT India or any other country where they can do 10 things to get votes. I heard this from one guy who is on EAD and thinks something will happen in the election year. purely ludacris..
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
Tell him that this is NOT India or any other country where they can do 10 things to get votes. I heard this from one guy who is on EAD and thinks something will happen in the election year. purely ludacris..
validIV
04-27 03:12 PM
Guys..I'm sorry ..I'm mixing up things,,Here are the accurate details..
Labour Priority date is Nov'20 2007
My I-140 receipt date is Feb'20 2008..
My I-140 Approve date is Sep'24 2008
My 6 years H-1 will be completed by Jan'2010..but still my H-1 was denied..
Don't see any reason why you would be denied. You will have to wait for the denial letter.
Labour Priority date is Nov'20 2007
My I-140 receipt date is Feb'20 2008..
My I-140 Approve date is Sep'24 2008
My 6 years H-1 will be completed by Jan'2010..but still my H-1 was denied..
Don't see any reason why you would be denied. You will have to wait for the denial letter.
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