venky08
06-24 12:42 AM
Look no further. EB3 (Other Workers) became "Unavailable" last week and nothing that I read says it cannot happen for EB1/EB2/EB3.
EB3 (other workers) were unavailable in july 07 bulletin...that does not mean they were stopped accepting applications without notice...Arkbird do you agree on this explanation?:confused:
EB3 (other workers) were unavailable in july 07 bulletin...that does not mean they were stopped accepting applications without notice...Arkbird do you agree on this explanation?:confused:
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looivy
08-06 12:55 AM
What is Sessions smoking?
marwan234
10-09 09:04 PM
not yet.
2011 signo de amor y paz. el signo
Ramba
04-09 07:12 PM
That is Wrong. He can enter on H1 still maintain I-485. H1 can be from any compnay.There is reason why H1 is called as dual intent visa.
Read carefully. If a person not maintaining H/L/K/V status just before leaving US (and maintaining only AOS) and left the country without perior approval of AP, is considered he/she abondened the 485. Thats all. After abondment of 485, it does not matter how he re-enters. He can enter on J1, B1, H1. It does not matter.
One MUST NOT leave US with out approval of AP, if he/she maintains only AOS. Only H/L/K/V status holders can leave USA without obtaining AP, and continue to remain in that status after arrival. All others must get AP. Ofcouses, this guy lost his H1 status, after leaving his previous employer and working on EAD.
So do not post wrong info...
Read carefully. If a person not maintaining H/L/K/V status just before leaving US (and maintaining only AOS) and left the country without perior approval of AP, is considered he/she abondened the 485. Thats all. After abondment of 485, it does not matter how he re-enters. He can enter on J1, B1, H1. It does not matter.
One MUST NOT leave US with out approval of AP, if he/she maintains only AOS. Only H/L/K/V status holders can leave USA without obtaining AP, and continue to remain in that status after arrival. All others must get AP. Ofcouses, this guy lost his H1 status, after leaving his previous employer and working on EAD.
So do not post wrong info...
more...
GreeNever
02-08 04:33 PM
Hi eb3_nepa,
I share your views. It's just that 'venting it out' at times may not amount to a total undermining of the merit involved, much as it seems that way. This is not to justify this either. Let's take some 'retro-bothered' views in our stride and brush under the carpet anything that is not meant to be..
It is with the intention of intellectually engaging a promising office that I had proposed we do the above. If this leads to something concrete it will bring smiles - else, no hard feelings..we are either mature or inured to. It's one of those efforts.
Take it easy, folks and BE PROUD OF ALL YOUR EFFORTS. Hey, at the end of it..we all played!
Keep up the spirit! ..we all love our motherland , as also the land that we want to grow on ...
I share your views. It's just that 'venting it out' at times may not amount to a total undermining of the merit involved, much as it seems that way. This is not to justify this either. Let's take some 'retro-bothered' views in our stride and brush under the carpet anything that is not meant to be..
It is with the intention of intellectually engaging a promising office that I had proposed we do the above. If this leads to something concrete it will bring smiles - else, no hard feelings..we are either mature or inured to. It's one of those efforts.
Take it easy, folks and BE PROUD OF ALL YOUR EFFORTS. Hey, at the end of it..we all played!
Keep up the spirit! ..we all love our motherland , as also the land that we want to grow on ...
sa.node
02-15 09:01 PM
All
I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.
I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...
Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?
Thanks a lot in advance.
;)
I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.
I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...
Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?
Thanks a lot in advance.
;)
more...
shortchanged
08-17 08:38 AM
In addition to checking the appropriate response in your I-485 form, you (wife)have to confirm that you are filing as a derivative of the husbands primary petition (Part 2, response should be "b" please make sure again! you may even use highlighter pen) you may include your husbands I-140 as well as Labor certification copies and highlight the Priority dates in these forms with brilliant colors.
Marriage Certificate is a must.
Also I would include the last years tax returns for your husband and the sealed medical clearance from your doctor, to make it rejection proof!
A cover letter as well as a "DO NOT OPEN IN MAIL ROOM" addressing the Service center director, and placing it over a double bagged packaging of the whole thing may also help.Somehow you have to convince the morons in the mail room that it is "RESUBMISSION DUE TO USCIS ERROR"
Wish you all the best!
Marriage Certificate is a must.
Also I would include the last years tax returns for your husband and the sealed medical clearance from your doctor, to make it rejection proof!
A cover letter as well as a "DO NOT OPEN IN MAIL ROOM" addressing the Service center director, and placing it over a double bagged packaging of the whole thing may also help.Somehow you have to convince the morons in the mail room that it is "RESUBMISSION DUE TO USCIS ERROR"
Wish you all the best!
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suny_saini
07-24 07:20 AM
does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?
more...
augustus
09-06 01:22 PM
Dear All,
I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.
1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
2. Can my wife get it done without me getting an FP notice?
3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?
Please help us with your expertise. Thank you very much for all your time.
PD: Aug 2005
EB3 INDIA
Nebraska
I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.
1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
2. Can my wife get it done without me getting an FP notice?
3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?
Please help us with your expertise. Thank you very much for all your time.
PD: Aug 2005
EB3 INDIA
Nebraska
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Desiguy786
04-02 03:35 PM
Gurus/Attorneys,
My current 8th year H1 is valid until end of May 2007 from employer A, we applied for 9th year ext and got a big RFE. As a backup, can I transfer my H1 to employer B and get 1 year extension (until May 2008) based on my approved labor from employer A ??
Any inputs/suggestions are greatly appreciated!!
My current 8th year H1 is valid until end of May 2007 from employer A, we applied for 9th year ext and got a big RFE. As a backup, can I transfer my H1 to employer B and get 1 year extension (until May 2008) based on my approved labor from employer A ??
Any inputs/suggestions are greatly appreciated!!
more...
ram_nara303
01-08 01:53 PM
I was in the same situation where I came on B1 and then moved to H1 after a years wait here. Ultimately got my EAD and AP. Still i was reluctant to travel down to INdia, but had to do to attend a marriage of my wife's brother. So finally after 8 yrs, I went to India and I took all necessary documentation including AP, 485 receipt, H1 approval notice, paystubs. Getting through IAD was a breeze and did not take more than 10 minutes. So don't worry and as long as your AP is valid, you should not worry much.
:)
:)
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JazzByTheBay
08-21 11:25 AM
I filed at TSC, transferred to CSC, receipted, transferred to NSC - so not exactly the same situation. Interesting to note your case filed on 7/27/07 is being processed.
Mine was filed on 06/30/2007
RD: 07/02/2007.
USCIS says they're processing by ND ("when it was entered... ").
Signs of life @NSC, nevertheless.... :)
jazz
I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.
Mine was filed on 06/30/2007
RD: 07/02/2007.
USCIS says they're processing by ND ("when it was entered... ").
Signs of life @NSC, nevertheless.... :)
jazz
I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.
more...
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ak_2006
10-19 03:52 PM
I will donate same amount i.e. $250 when I get GC.
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smarth
06-02 11:34 AM
Hi,
I received today RFE on my I-485 from NSC, still my attorney didn't receive the notice.
Please tell what kind of RFE generally they give.
Thanks
I received today RFE on my I-485 from NSC, still my attorney didn't receive the notice.
Please tell what kind of RFE generally they give.
Thanks
more...
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diqingshen
06-30 09:17 AM
this injustice being done to legal immigrants community.
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rvenkat1976
04-09 12:19 AM
My labour was filed in RIR on March 2005 and got approved on August 2006.
The employer filed for a I-140 in November 2006.
But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.
Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).
But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.
My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.
December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.
Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.
QUESTION:
1. Am I technically Out of Status?
2. If yes from when precisely?
3. Is there any chances of applying a new H1B in premium processing?
4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?
Adding salt to the wound I have one more situation here.
I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).
I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?
Is there any Same Day passport service at SFO Indian Consulate?
Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.
Please GURU's I am eagerly waiting for some +tive notes.
Thanks
The employer filed for a I-140 in November 2006.
But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.
Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).
But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.
My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.
December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.
Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.
QUESTION:
1. Am I technically Out of Status?
2. If yes from when precisely?
3. Is there any chances of applying a new H1B in premium processing?
4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?
Adding salt to the wound I have one more situation here.
I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).
I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?
Is there any Same Day passport service at SFO Indian Consulate?
Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.
Please GURU's I am eagerly waiting for some +tive notes.
Thanks
more...
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sounakc
05-12 01:13 PM
however, i will appreciate if you can tell me if these are the only required
1. Measles/ Mumps/ Rubella - Adult
2. Varicella
3. Hepatitis B - Adult
and the following tests
1. Tuberulosis - Tubercolin Skin Test
2. Serologic Test for Syphilis - RPR Screen
3. Serologic Test for HIV Antibody - HIV AB Screen
1. Measles/ Mumps/ Rubella - Adult
2. Varicella
3. Hepatitis B - Adult
and the following tests
1. Tuberulosis - Tubercolin Skin Test
2. Serologic Test for Syphilis - RPR Screen
3. Serologic Test for HIV Antibody - HIV AB Screen
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pappu
02-23 12:53 PM
Is IV aware of this meeting
http://judiciary.senate.gov/hearing.cfm?id=2555
Yup much before. Some core members are already in DC since yesterday and working on it.
Have you met your lawmakers yet?
If not, do that soon.
http://judiciary.senate.gov/hearing.cfm?id=2555
Yup much before. Some core members are already in DC since yesterday and working on it.
Have you met your lawmakers yet?
If not, do that soon.
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chanduv23
06-12 04:30 PM
This is my first post, so bear with me.
I also got a Status Update message via email from USCIS. I think the lawyer will be getting the papers in mail next week.
Seems like USCIS has started sending RFE for a lot of us, who have been waiting for a long time. What might be the reason for this. I heard from some of my friends that they are pre-adjucating the cases so that when the visa dates are available, they can process faster, but I also wonder if they are doing it so that they can drop some cases who do NOT reply to their RFE (similar to what happenned with Backlog Elimination Center and 45 day letters).
It is called "two birds in one shot". Pre-adjudication and pre-rejection.
And yes, the reason why most people get RFEs is because the records may not be available properly due to clerical issues.
Preadjudication follows these guidlines
(1) If it is deniable - can some reason be found to deny this case? Deny it - can be resolved thropugh MTR
or
(2) Is it RFEable - can we issue a standardRFE for this case? - Issue RFE
or
Preadjudicate it and keep it ready for visa allocation.
I also got a Status Update message via email from USCIS. I think the lawyer will be getting the papers in mail next week.
Seems like USCIS has started sending RFE for a lot of us, who have been waiting for a long time. What might be the reason for this. I heard from some of my friends that they are pre-adjucating the cases so that when the visa dates are available, they can process faster, but I also wonder if they are doing it so that they can drop some cases who do NOT reply to their RFE (similar to what happenned with Backlog Elimination Center and 45 day letters).
It is called "two birds in one shot". Pre-adjudication and pre-rejection.
And yes, the reason why most people get RFEs is because the records may not be available properly due to clerical issues.
Preadjudication follows these guidlines
(1) If it is deniable - can some reason be found to deny this case? Deny it - can be resolved thropugh MTR
or
(2) Is it RFEable - can we issue a standardRFE for this case? - Issue RFE
or
Preadjudicate it and keep it ready for visa allocation.
khukubindu
08-17 07:21 PM
My priority date (July 06 ) and EB3-ROW . I got couple of LUD ( 4 after June 30, 2009) recently on my I-485 application. In fact I got a LUD today also. I am wondering whether you also got any LUD recently.
gc_check
02-13 09:41 PM
Do not rush to decission. If you have good realtion with the current company, you can get assurance they do not revoke I-140 and also have the new employer file for H1 transfer under premium process. This will secure a 3 yr entension. Once this is done, see if the new employer starts GC as promissed or if you PD comes current, you can file for I-485 with your current employer for future job, and join him when the GC is approved or switch to the current employer with EAD after 485. It is workable, but there is a little amount of risk, if the new company messes thing with GC. They have to start on time and also make sure the new company had not layoff's recently, this will further delay the PERM filing. Also the current employermust not revoke your I-140. Only you know you status better than any one posting to forum. Make a good choice which is best for you and as long as you have all things staright forward and things done correctly / legally there should not be any issue. With USCIS, inspte of all, a little amount of luck is also requried. :)
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