LostInGCProcess
02-24 05:33 PM
Hi-
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
If your 3rd H1B renewal is rejected and lets assume your current H1 also is expired, then you would have to leave US immediately. There is no grace period as such. But practically, if it takes some time to windup, there is nothing much you could do about it.
If the extension is rejected before the current H1 expires, you have the chance to file again thru the same employer or another one.
However, keep in mind, you can always challenge the decision of USCIS, if you think you have a strong case.
Chao
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
If your 3rd H1B renewal is rejected and lets assume your current H1 also is expired, then you would have to leave US immediately. There is no grace period as such. But practically, if it takes some time to windup, there is nothing much you could do about it.
If the extension is rejected before the current H1 expires, you have the chance to file again thru the same employer or another one.
However, keep in mind, you can always challenge the decision of USCIS, if you think you have a strong case.
Chao
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GCapplicant
10-01 10:14 AM
As a point of revenge ,let's see what the anti's do this time.Let the CIR go thru...no doubt in that...as both the parties love illegals.
Atleast the Anti's will face a failure in few months.A small :)
We will be on Q :p as usual.Who care's...Life goes on.
Of course USCIS has to upgrade - A load of application are going to flood them ...DOL will also work as fast as they can.
Atleast the Anti's will face a failure in few months.A small :)
We will be on Q :p as usual.Who care's...Life goes on.
Of course USCIS has to upgrade - A load of application are going to flood them ...DOL will also work as fast as they can.
bbenhill
10-06 08:29 PM
^^^^
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qualified_trash
01-30 12:28 AM
why did they revoke it after approving it?
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gcdreamer05
01-12 11:20 AM
Is there something we can do to avoid this PIMS delay.......
I have been trying to ask the attorney and even the free chat on IV but no one is giving a clear solution on how to avoid pims delay. :mad:
I too need to go for stamping and am delaying it just because of this pims delay.
I have been trying to ask the attorney and even the free chat on IV but no one is giving a clear solution on how to avoid pims delay. :mad:
I too need to go for stamping and am delaying it just because of this pims delay.
ups
05-07 02:59 PM
I and my husband both of us lost our passports too. We got it stamped again when we went to India. In between I transferred my h1s also with the copy of lost passport and duplicate passport issued by indian embassy ny office. It wasn't too difficult to get it stamped again from mumbai consulate india.
You might get it stamped from Canada or Mexico. We just didn't want to take risk because we had copy of lost and inside usa we could do all our work(including transferring h1s) with the copy.
Don't worry. It is not that big as it looks. Though indian embassy took 12 months to issue duplicate passport
You might get it stamped from Canada or Mexico. We just didn't want to take risk because we had copy of lost and inside usa we could do all our work(including transferring h1s) with the copy.
Don't worry. It is not that big as it looks. Though indian embassy took 12 months to issue duplicate passport
more...
clazale
11-12 10:19 AM
can you share more details about your case?
Priority Date: Nov 2004 (EB3 - India)
Labor certification approved - march 2007
Applied I140 and I485 concurrently during the July 2007 fiasco (July 17th 2007 ... to be precise)
Used Cross-chargeability and crossed to EB3 ROW, so my priority date became current
I140 approved: Sept 08
GC Approved: Oct 08.
I dont know if cross-chargeability matters, but the main thing is that when my I485 was approved in Oct 08 the processing time was still showing June 2007 (roughly first week of june 2007), which is more than 1 month behind. And also the processing time was stuck on june 2007 for few months.
Good luck to you and I hope that good days come soon.
Priority Date: Nov 2004 (EB3 - India)
Labor certification approved - march 2007
Applied I140 and I485 concurrently during the July 2007 fiasco (July 17th 2007 ... to be precise)
Used Cross-chargeability and crossed to EB3 ROW, so my priority date became current
I140 approved: Sept 08
GC Approved: Oct 08.
I dont know if cross-chargeability matters, but the main thing is that when my I485 was approved in Oct 08 the processing time was still showing June 2007 (roughly first week of june 2007), which is more than 1 month behind. And also the processing time was stuck on june 2007 for few months.
Good luck to you and I hope that good days come soon.
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unseenguy
11-30 10:36 PM
Thanks for the comment!
I've done the entire process on my own untill today. I also did not have any lawyers involved in any of the misdemeanors. I do have documentation of all the cases. All cases are closed and I'm just paying the fines and have to put up with the probation. I spoke to a lawyer (first time I met with him) today and he advise me to pay him $600 to accompany me to the interview.
Any take on the lawyer's advice? Or can I take the challenge on my own?
Better to take a lawyer with you. He knows immigration law better than you do. At the most you stand to lose 600 bucks that way.
I've done the entire process on my own untill today. I also did not have any lawyers involved in any of the misdemeanors. I do have documentation of all the cases. All cases are closed and I'm just paying the fines and have to put up with the probation. I spoke to a lawyer (first time I met with him) today and he advise me to pay him $600 to accompany me to the interview.
Any take on the lawyer's advice? Or can I take the challenge on my own?
Better to take a lawyer with you. He knows immigration law better than you do. At the most you stand to lose 600 bucks that way.
more...
caforum2
08-02 05:53 PM
My experience is that you can't collect your passport same day of your interview. After your interview, your visa will be approved. But your passport will get to VFS hand only after 2 business days. You might have to stay in Chennai for 2 days after your interview to be able to collect the passport from VFS counter in Chennai. I had same issue. I was suppose to be in US day after interview and passport was struck between consulate and VFS. I ended up coming to US 3 days after my initial Plan. Good luck. This is my experience from Nov 2006.
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pappu
07-06 10:44 AM
Nope not possible as of now. Lawsuit is specific to visa bulletin issue.
more...
bslraju
09-13 05:48 PM
Came to USA in 2001 Feb. As many other stories, my old employer did file my labor on Jan 2006 on EB3 though i was eligible to file under EB2. I have 3 + 2 years in India.
Changed employer using EAD in 08.
Current company is doing porting to EB2.
Unlike before, Now USCIS rule is have MSc(Computers) after completing 3 year degree in india is no longer equal to US master degree
it should be eaither 4(engineering)+2 (masters) or 3(BS)+3(MCA/other)
thus its equivalent to US bachelors degree.
So my employer (big 17k employees) decided to file based on my exp.
Job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
in the field or in a related area."
Will this be a problem as one of EB2 requirement is BS or equivalent US degree with 5 years of experience. But this job desc says its 4-6 years..
Changed employer using EAD in 08.
Current company is doing porting to EB2.
Unlike before, Now USCIS rule is have MSc(Computers) after completing 3 year degree in india is no longer equal to US master degree
it should be eaither 4(engineering)+2 (masters) or 3(BS)+3(MCA/other)
thus its equivalent to US bachelors degree.
So my employer (big 17k employees) decided to file based on my exp.
Job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
in the field or in a related area."
Will this be a problem as one of EB2 requirement is BS or equivalent US degree with 5 years of experience. But this job desc says its 4-6 years..
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sertasheep
03-07 05:58 PM
Immigration Voice will conduct conference calls periodically with immigration attorneys regarding issues affecting employment-based immigration.
The scope of discussion would be around issues pertaining to employment-based immigration law impacting highly-skilled primary beneficiaries as well as their dependents.
Immigration Voice provides this at no cost to all registered members. Members can benefit from this free advice, and access links to the recordings, transcripts and more.
How it works:
- Members email their questions to Immigration Voice (see procedure below)
- Since this is a pro-bono service from the attorneys at this time, please use your judgment on questions that are time-sensitive and require immediate consultation. Due to the volume of questions as well as availability of the attorney, please permit for more than the standard response time you would expect from a paid consultation
- During the pre-determined conference call, Immigration voice moderates the call and poses questions to the attorney
The lawyer(s) would answer accepted questions on the phone call in real time.
- We would allow one followup question from the person who originally submitted the question.
- The call and advice would be free to cost to everyone. After the call, the recording would be available for members to playback. If time permits, we will also post the pdf file transcript of questions-answers for the benefit of everyone.
- The question-answer session does not constitute any attorney-client relationship or any attorney-client privileges. The advice would be given based on information provided in the question which may not be sufficient for a complete answer.
- Questions that are related to H1, L1, H4, visa-stamping, employment based Green card etc will take higher priority over all other questions pertaining to areas of immigration that are not related to H1 or EB greencard. This is because this organization represents legal highly-skilled employment based immigrants.
- If your question is received after the cutoff date wherein the attorney accepts questions, such questions will be carried over to the next conference call due to paucity of time.
- Questions would be considered on a FIFO basis(First In, First Out), and a unique ID will be assigned to each question that will be used through the lifecycle of that question(Real FIFO, not BEC type FIFO).
How to submit your questions:
Please read the disclaimer below before submitting your questions via email.Please provide us with the following information, preferably in the following format, and keep it consise and crisp:
Email with Subject Line saying : Seeking Legal Opinion.
Email Address: legal_advise@immigrationvoice.org
Your Info: Please mention your first Name, City and State, so that we can use it to announce your question in the call. That way, your question would be distinguished from similar sounding questions.
Your Country of Citizenship: If your spouse is from a country other than yours, please specify both your countries of citizenship
Your Questions: Provide some clear background. Avoid questions with long and complicated case-specific situations that are like "Can I do X? If yes then is option A or option B better? If option A then can I file this? IF option B then can I file this? If B fails then can I refile A?". Such flow-chart and if-then-else type questions would be taken up only if time is left and attorney is comfortable in answering questions with limited information of your situation.
------------------------------------------------------------------
REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email them to us, to minimize the effort taken by us to clean up and send to the attorney. It provides a professional touch if we use formal, business English. (i.e., refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word, among other Word Processors provide excellent spell checkers and thesaurus options to help you with this.
------------------------------------------------------------------
IMPORTANT DISCLAIMER:
By participating in any conference calls or reviewing a transcript or recording of any conference calls, you agree that you have read and understand the following disclaimer:
The information provided during these conference calls as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.
------------------------------------------------------------------
Recordings from Previously Held Conference calls:
These can be accessed at Immigration Voice's Blog on Blogspot.com (http://immigrationvoice.blogspot.com/)
Transcripts from Previously Held Conference calls:
Transcripts of previous calls can be accessed here (http://immigrationvoice.blogspot.com/2006/12/check-out-my-public-files-on-mydatabus.html)
The scope of discussion would be around issues pertaining to employment-based immigration law impacting highly-skilled primary beneficiaries as well as their dependents.
Immigration Voice provides this at no cost to all registered members. Members can benefit from this free advice, and access links to the recordings, transcripts and more.
How it works:
- Members email their questions to Immigration Voice (see procedure below)
- Since this is a pro-bono service from the attorneys at this time, please use your judgment on questions that are time-sensitive and require immediate consultation. Due to the volume of questions as well as availability of the attorney, please permit for more than the standard response time you would expect from a paid consultation
- During the pre-determined conference call, Immigration voice moderates the call and poses questions to the attorney
The lawyer(s) would answer accepted questions on the phone call in real time.
- We would allow one followup question from the person who originally submitted the question.
- The call and advice would be free to cost to everyone. After the call, the recording would be available for members to playback. If time permits, we will also post the pdf file transcript of questions-answers for the benefit of everyone.
- The question-answer session does not constitute any attorney-client relationship or any attorney-client privileges. The advice would be given based on information provided in the question which may not be sufficient for a complete answer.
- Questions that are related to H1, L1, H4, visa-stamping, employment based Green card etc will take higher priority over all other questions pertaining to areas of immigration that are not related to H1 or EB greencard. This is because this organization represents legal highly-skilled employment based immigrants.
- If your question is received after the cutoff date wherein the attorney accepts questions, such questions will be carried over to the next conference call due to paucity of time.
- Questions would be considered on a FIFO basis(First In, First Out), and a unique ID will be assigned to each question that will be used through the lifecycle of that question(Real FIFO, not BEC type FIFO).
How to submit your questions:
Please read the disclaimer below before submitting your questions via email.Please provide us with the following information, preferably in the following format, and keep it consise and crisp:
Email with Subject Line saying : Seeking Legal Opinion.
Email Address: legal_advise@immigrationvoice.org
Your Info: Please mention your first Name, City and State, so that we can use it to announce your question in the call. That way, your question would be distinguished from similar sounding questions.
Your Country of Citizenship: If your spouse is from a country other than yours, please specify both your countries of citizenship
Your Questions: Provide some clear background. Avoid questions with long and complicated case-specific situations that are like "Can I do X? If yes then is option A or option B better? If option A then can I file this? IF option B then can I file this? If B fails then can I refile A?". Such flow-chart and if-then-else type questions would be taken up only if time is left and attorney is comfortable in answering questions with limited information of your situation.
------------------------------------------------------------------
REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email them to us, to minimize the effort taken by us to clean up and send to the attorney. It provides a professional touch if we use formal, business English. (i.e., refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word, among other Word Processors provide excellent spell checkers and thesaurus options to help you with this.
------------------------------------------------------------------
IMPORTANT DISCLAIMER:
By participating in any conference calls or reviewing a transcript or recording of any conference calls, you agree that you have read and understand the following disclaimer:
The information provided during these conference calls as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.
------------------------------------------------------------------
Recordings from Previously Held Conference calls:
These can be accessed at Immigration Voice's Blog on Blogspot.com (http://immigrationvoice.blogspot.com/)
Transcripts from Previously Held Conference calls:
Transcripts of previous calls can be accessed here (http://immigrationvoice.blogspot.com/2006/12/check-out-my-public-files-on-mydatabus.html)
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vasudevan_c
02-15 09:25 AM
Yes, it is possible because H1-B is a dual intent visa.
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h1bjava
03-20 02:08 PM
Hi Coolpal,
Did they ask you for the client letter also in your case? In my case the end client(TARP Funded) wont give any letter to contractors. Hope things will be better for you soon.
Thanks.
Did they ask you for the client letter also in your case? In my case the end client(TARP Funded) wont give any letter to contractors. Hope things will be better for you soon.
Thanks.
more...
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GCVivek
05-13 08:38 PM
This might delay your GC for another 2years. Mainly due to security concerns after 9 / 11. Better option is to get your GC and then apply as family. Will take at least 4 to 5 years.
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rb_248
09-05 03:37 PM
No. If you receive the CPO email, then approval is guaranteed, whether the online status changes or not. For some people, including my two dependants, there was neither the CPO email nor the status change, but the cases got approved.
That's exactly what happened to our AP cases last year. No online updates but, got the APs in the mail.
That's exactly what happened to our AP cases last year. No online updates but, got the APs in the mail.
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guchi472000
12-04 04:54 PM
Even i am in same boat. Can you guys tell me what number did you called to Let them know regarding my Biomterics.
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gettinthere
01-08 10:50 AM
Hi
I have copies of my Labor certification and I-140 approval notices
If I change job under AC21 portability, do I need to have originals to be on the safer side, or copies are equally fine?
Thanks
I have copies of my Labor certification and I-140 approval notices
If I change job under AC21 portability, do I need to have originals to be on the safer side, or copies are equally fine?
Thanks
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aperregatturv
04-20 05:24 PM
I applied AP Feb 3 2011 for my wife and i got approved mail and also checked website saying it was approved.
Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT
Your Case Status: Post Decision Activity
On April 8, 2011, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
But i have not received the document yet and wife is leaving on 24 th Apr 2011.
I would like to know if she can go without and when i get it i can mail the document so she can come back.
Please help.
Thanks
Arun
Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT
Your Case Status: Post Decision Activity
On April 8, 2011, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
But i have not received the document yet and wife is leaving on 24 th Apr 2011.
I would like to know if she can go without and when i get it i can mail the document so she can come back.
Please help.
Thanks
Arun
immi_enthu
08-10 04:38 PM
I got I-140 Notice returned as undeliverable.
I got email notification on June 26 as approved and we will mail it to you.
After 2 days lated my attorny told me that he got that letter, he send to me by email as pdf file.
I have a question the letter attorny got is pdf file or original by mail(post).
Who will get the I -140 aaproval original letter?
the attroney I think will receive a hardcopy im mail and he was going to scan it into a pdf and send you ?
I got email notification on June 26 as approved and we will mail it to you.
After 2 days lated my attorny told me that he got that letter, he send to me by email as pdf file.
I have a question the letter attorny got is pdf file or original by mail(post).
Who will get the I -140 aaproval original letter?
the attroney I think will receive a hardcopy im mail and he was going to scan it into a pdf and send you ?
plongwait
12-07 03:51 PM
Hi Everyone,
We r in a totally confused state of H1,H4,Visa & passport. I would be very gr8ful if u can help.
The thing is my husbnad is on H1 & me on H4.
His H1 was getting expired in Jan07 & has been extended till May08.
His passport is getting expired in Sep07(the 10yrs validity will be over & we will need to get a new passport plz mind new not renewed).
We r going to India in Jan-Feb07 & would like to get the Visa stamped there. Now the US consulate says that you present a passport that is valid for at least 6 months beyond your date of anticipated stay in the U.S. i.e May08 in our case.
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
3) Will appointment be available in Feb or we r too late ?
We have not yet sent the application for new passport. Not getting a clear cut solution for this situation we even wrote to the US consulate but no relevant reply.Plz suggest what is to be done.
Thanx in advance.:)
Thsi is my suggestion based on the personal experience. May be it's helpful t o you.
You can get your new passport in USA from your nearest Inidan Consulate. The form is very simple - may take just a few hours fill. Indian consulate takes about a week to get the new passport.
I have got new passport (after 10 years of expiry) for whole of my family from Indian Cosulate at San Francisco in 7 days. This process is really simple. As the Visa appointment dates in India are available at short notice, you may have enough time to get new passport and then ask for Visa appointment if you apply for the passport in next few days.
We r in a totally confused state of H1,H4,Visa & passport. I would be very gr8ful if u can help.
The thing is my husbnad is on H1 & me on H4.
His H1 was getting expired in Jan07 & has been extended till May08.
His passport is getting expired in Sep07(the 10yrs validity will be over & we will need to get a new passport plz mind new not renewed).
We r going to India in Jan-Feb07 & would like to get the Visa stamped there. Now the US consulate says that you present a passport that is valid for at least 6 months beyond your date of anticipated stay in the U.S. i.e May08 in our case.
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
3) Will appointment be available in Feb or we r too late ?
We have not yet sent the application for new passport. Not getting a clear cut solution for this situation we even wrote to the US consulate but no relevant reply.Plz suggest what is to be done.
Thanx in advance.:)
Thsi is my suggestion based on the personal experience. May be it's helpful t o you.
You can get your new passport in USA from your nearest Inidan Consulate. The form is very simple - may take just a few hours fill. Indian consulate takes about a week to get the new passport.
I have got new passport (after 10 years of expiry) for whole of my family from Indian Cosulate at San Francisco in 7 days. This process is really simple. As the Visa appointment dates in India are available at short notice, you may have enough time to get new passport and then ask for Visa appointment if you apply for the passport in next few days.
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