purmuc
03-01 01:19 PM
I was in united states for 5 years and 2 months on H1-B visa. I did not apply for green card during my stay and had to return to India in Aug'2008 due to personal reasons. I want to find out if I am eligible for applyng H1 in this year's quota through same employer with whom I had earlier H1.
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
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pbojja
04-15 02:52 PM
Thanks Vamshi , No worries just curious .
I rather most of us achived what ever we achevied in hard way , so I know from the begining I will get GC in the hard way .
I rather most of us achived what ever we achevied in hard way , so I know from the begining I will get GC in the hard way .
Devils_Advocate
04-08 11:46 AM
Reliable information from my friend's lawyer says that the cap for this year is NOT reached in the 1st one week. I think this means all applications filed in first week will be processed.
Congratulations to all those who applied and hope their cases get approved
There was really no way it would have gone into a lottery this year, infact the interesting thing is for how long the filing will last this year.
Congratulations to all those who applied and hope their cases get approved
There was really no way it would have gone into a lottery this year, infact the interesting thing is for how long the filing will last this year.
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TomTancredo
03-02 01:22 PM
Lets see what moderators have to say about these threads ... I guess we should be ashamed ourselves to be called "highly skilled" and "educated".
For an outsider , there is no difference between one type of Indian or other . These people need to get a life.
For an outsider , there is no difference between one type of Indian or other . These people need to get a life.
more...
Blog Feeds
06-24 09:20 AM
For many naturalized citizens, service in the United States military was the key to earning that citizenship. In fact, approximately 1,000 foreigners have earned their United States citizenship through military service since the Department of Defense initiated the Military Accessions Vital to National Interest (MAVNI) program after the 9/11 attacks.
The MAVNI pilot program expands upon a current Defense Department program that provides citizenship opportunities to those serving in the military who also hold green cards. In contrast, MAVNI provides a fast-tracked path to citizenship to those serving in the military who have been in the United States legally for two years or more, possess language or medical skills that are in high demand, but do not hold green cards.
Similar programs were initiated during World War II and the Korean War. These programs were crucial in fast-tracking immigrants toward citizenship following their service in the military.
For more information on the Department of Defense, please visit www.dod.gov (http://www.dod.gov).
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/XPNt7ZtGQfo/)
The MAVNI pilot program expands upon a current Defense Department program that provides citizenship opportunities to those serving in the military who also hold green cards. In contrast, MAVNI provides a fast-tracked path to citizenship to those serving in the military who have been in the United States legally for two years or more, possess language or medical skills that are in high demand, but do not hold green cards.
Similar programs were initiated during World War II and the Korean War. These programs were crucial in fast-tracking immigrants toward citizenship following their service in the military.
For more information on the Department of Defense, please visit www.dod.gov (http://www.dod.gov).
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/XPNt7ZtGQfo/)
diptam
08-26 01:05 PM
Alex,
Hope you can recognize me :)
Did you write to the Ombudsman in form 7001 about 140 delay ( other thread ). I sent it yesterday. When did you file 140 at NSC ?
Thanks,
Diptam
this is a standard reply when we enquire about a case.
I had enquired about 140 and got the same message. Then took an infopass and there the IO told there is nothing at 140 level and what I got is a standard reply .
Hope you can recognize me :)
Did you write to the Ombudsman in form 7001 about 140 delay ( other thread ). I sent it yesterday. When did you file 140 at NSC ?
Thanks,
Diptam
this is a standard reply when we enquire about a case.
I had enquired about 140 and got the same message. Then took an infopass and there the IO told there is nothing at 140 level and what I got is a standard reply .
more...
lost
07-21 09:32 AM
Hi,
I got appointment letter for Biometrics from USCIS. I already gave in 2007.
Why are they asking again? and I only got this, my husband and son didn't get it.
Right now I am on EAD, since last december(2009) I am not working, will there be any issues as I am the primary applicant.
Thanks
You are the primary applicant and not working? Is this ok?
I got appointment letter for Biometrics from USCIS. I already gave in 2007.
Why are they asking again? and I only got this, my husband and son didn't get it.
Right now I am on EAD, since last december(2009) I am not working, will there be any issues as I am the primary applicant.
Thanks
You are the primary applicant and not working? Is this ok?
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sri1234
05-15 05:18 PM
Hi Sri,
Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.
If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers
Ann
Thanks a bunch Ann. I really appreciate your help.
Thank you IV.
You made my friday.
Thanks,
Sri
Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.
If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers
Ann
Thanks a bunch Ann. I really appreciate your help.
Thank you IV.
You made my friday.
Thanks,
Sri
more...
Macaca
05-05 11:38 AM
better pray for the CIR to be passed first.
then get a comfortable chair and wait for the 20+ millions illegals to get ahead of you in the queue
This is not 100% true. However, they will have some effect!
does anyone know when they will discuss it - in the house and in the senate?
Senate: last 2 weeks of May.
then get a comfortable chair and wait for the 20+ millions illegals to get ahead of you in the queue
This is not 100% true. However, they will have some effect!
does anyone know when they will discuss it - in the house and in the senate?
Senate: last 2 weeks of May.
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sendmailtojk
11-11 09:49 PM
My son was > 21 years of age when my I-140 was applied (Aug 07). So I guess I can forget it.
more...
roseball
03-23 07:48 PM
I would suggest you go after July....Your stamping is not an issue here.....The issue will be with your I-94 when you get back into US...Since your new H1 doesnt start until July 31st, if you try to enter US in June, your new I-94 will only be valid until July 30 as the immigration officer cannot grant you entry until July 2010 based on future approval start date if its not within 15 days...My friend was in this situation before and he had to file for extension again as he only got his new I-94 valid until the date of his old I-797...
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redmd567
12-06 08:34 PM
Hello,
I've been working on EAD for about 4 years now as priority dates are backed up a lot. My I-140 has been approved in 2007 and still waiting on I-485 to get approved. My current employer is not my original sponsor. I changed jobs after the "180 days post I-485 receipt" policy. Now, I'm interested to accept an offer (similar job) in another state. How will this affect my I-485 if I'm changing employers for the 3rd time and this time, at another state?
Thank you very much.
I've been working on EAD for about 4 years now as priority dates are backed up a lot. My I-140 has been approved in 2007 and still waiting on I-485 to get approved. My current employer is not my original sponsor. I changed jobs after the "180 days post I-485 receipt" policy. Now, I'm interested to accept an offer (similar job) in another state. How will this affect my I-485 if I'm changing employers for the 3rd time and this time, at another state?
Thank you very much.
more...
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swadeshi
07-27 12:25 AM
Can you please post the link for the original thread?
Tnx
Tnx
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Blog Feeds
05-25 08:30 AM
Two little-known types of immigrant visas are the T and the U visas. The T visa is for people innocently involved in human trafficking, and the U visa is for victims of crime. The U visa's basic purpose is to make it easier for police to prosecute those who commit violence.
Both types of visas were discussed in a recent Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/052010dnmetuvisa.8c47617.html) article. Here are excerpts from the article, beginning with a discussion of the U visa:
The visas began flowing only 18 months ago and the majority have gone to domestic violence victims, say officials from U.S. Citizenship and Immigration Services.
Under the Victims of Trafficking and Violence Protection Act, up to 10,000 such visas are authorized annually. Illegal immigrants may receive such visas if they've suffered "substantial" physical or mental abuse from criminal activity and, among other things, a law enforcement agency certifies they have information on criminal activity. The visa can lead to permanent legal residency status.
The issuing of U visas comes at a tense time in the national immigration debate, amid a polarizing crackdown and potentially broader policing powers against immigrants in Arizona. And it illuminates a prickly point of justice: Should the federal government give illegal immigrants special treatment for a societal good such as fighting violent crime?
The Victims of Trafficking and Violence Protection Act created both the U visa and the T visa. They're near the end of a complex network of visas, A through V.
T visas, for those involved in human trafficking, began flowing in 2002, but the flow of U visas was delayed as regulations on issuance were hammered out. In the last three full fiscal years, only about 250 to 300 T visas have been approved of the maximum annual allotment of 5,000.
In the last fiscal year, ending in September 2009, the federal government authorized 5,825 U visas. In the first five months of this fiscal year, nearly 5,000 such visas were given. There are about 6,600 visa applications pending, and the 10,000 allotment is expected to be reached as early as next month, said Maria Elena Garcia Upson, a spokeswoman for the immigration agency.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/9QAoUnEU-G4/)
Both types of visas were discussed in a recent Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/052010dnmetuvisa.8c47617.html) article. Here are excerpts from the article, beginning with a discussion of the U visa:
The visas began flowing only 18 months ago and the majority have gone to domestic violence victims, say officials from U.S. Citizenship and Immigration Services.
Under the Victims of Trafficking and Violence Protection Act, up to 10,000 such visas are authorized annually. Illegal immigrants may receive such visas if they've suffered "substantial" physical or mental abuse from criminal activity and, among other things, a law enforcement agency certifies they have information on criminal activity. The visa can lead to permanent legal residency status.
The issuing of U visas comes at a tense time in the national immigration debate, amid a polarizing crackdown and potentially broader policing powers against immigrants in Arizona. And it illuminates a prickly point of justice: Should the federal government give illegal immigrants special treatment for a societal good such as fighting violent crime?
The Victims of Trafficking and Violence Protection Act created both the U visa and the T visa. They're near the end of a complex network of visas, A through V.
T visas, for those involved in human trafficking, began flowing in 2002, but the flow of U visas was delayed as regulations on issuance were hammered out. In the last three full fiscal years, only about 250 to 300 T visas have been approved of the maximum annual allotment of 5,000.
In the last fiscal year, ending in September 2009, the federal government authorized 5,825 U visas. In the first five months of this fiscal year, nearly 5,000 such visas were given. There are about 6,600 visa applications pending, and the 10,000 allotment is expected to be reached as early as next month, said Maria Elena Garcia Upson, a spokeswoman for the immigration agency.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/9QAoUnEU-G4/)
more...
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salvador marley
04-29 05:03 PM
is it possible for kirupa to remove it?
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soumya_bhatta
03-23 11:31 PM
Thanks for the reply.
No, my new would be employer will not be doing H1 transfer for me. They will take the EAD route. Yes, I know the start and end date of EAD as that is printed in the approval letter.
So, I guess, although I don't have the plastic card in hand, I can start processing AC21 on the basis of EAD approval notice and A#, that gives me 90 more days.
I will read I 9 more carefully with time. Also started upgrading profile.
No, my new would be employer will not be doing H1 transfer for me. They will take the EAD route. Yes, I know the start and end date of EAD as that is printed in the approval letter.
So, I guess, although I don't have the plastic card in hand, I can start processing AC21 on the basis of EAD approval notice and A#, that gives me 90 more days.
I will read I 9 more carefully with time. Also started upgrading profile.
more...
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milind70
06-15 09:15 PM
My H1 expired and the extension is in process. But they did not file for H4 extension. I was told by my employer that she can get a visa stamp by presenting my H1 paper at the consulate. Is this true ? If so, what is the significance of H4 approval notice ?
There are two scenarios to this
Scenario one
h1 applicant is in US h4 applicant is in US
In this case the employer must file H1 exentsion and as well as I 539(application to extent/change nonimmigrnat status).
This is because the 1-94 for the H4 applicant must be extended.
Remember I 94 deciedes the status period,so the old I 94 of H4 needs to be extended for the period of H1 extension.
Scenario Two.
h1 applicant is in US while h4 has travelled out just before extension.
in this case the employer just files for h1 extension and not for I 539 because the dependent of h1 is not in status since dependent is out of the country(as h4 applicant submitted the I 94 at airport while leaving).
the h4 applicant can take a copy of h1 to the conuslate for new stamping of h4 next time around.
There are two scenarios to this
Scenario one
h1 applicant is in US h4 applicant is in US
In this case the employer must file H1 exentsion and as well as I 539(application to extent/change nonimmigrnat status).
This is because the 1-94 for the H4 applicant must be extended.
Remember I 94 deciedes the status period,so the old I 94 of H4 needs to be extended for the period of H1 extension.
Scenario Two.
h1 applicant is in US while h4 has travelled out just before extension.
in this case the employer just files for h1 extension and not for I 539 because the dependent of h1 is not in status since dependent is out of the country(as h4 applicant submitted the I 94 at airport while leaving).
the h4 applicant can take a copy of h1 to the conuslate for new stamping of h4 next time around.
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LostInGCProcess
11-12 12:21 PM
Your new company must sponsor your H1 before the old company send the request to cancel your H1.
Once revoked, you have probably couple of weeks to pack up. So, its best you get started on the new H1 before the old H1 is revoked.
Once revoked, you have probably couple of weeks to pack up. So, its best you get started on the new H1 before the old H1 is revoked.
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plassey
07-20 11:01 PM
Recent memo from USCIS and 485 for does suggest that intial evidence is must. But this does not mean automatic rejection. I will suggest to wait till you get the receipt.
If you are worried about getting EAD then I don't think that should be an issue as USCIS is not going to discover till they start working on your case.
But this has to be corrected and hopefully, if dates become current for you in future, you just send an amendment.
Dear Friends,
Could somebody help us with an urgent question?
In our 485 application, the lawyer put my divorce certificate from my previous marriage in my file but not in my wife's file. According to the 485 instruction, my divorce certificate should be included in my wife's file as initial evidence because she is the derivative applicant.
Will USCIS deny my wife's 485?
If you are worried about getting EAD then I don't think that should be an issue as USCIS is not going to discover till they start working on your case.
But this has to be corrected and hopefully, if dates become current for you in future, you just send an amendment.
Dear Friends,
Could somebody help us with an urgent question?
In our 485 application, the lawyer put my divorce certificate from my previous marriage in my file but not in my wife's file. According to the 485 instruction, my divorce certificate should be included in my wife's file as initial evidence because she is the derivative applicant.
Will USCIS deny my wife's 485?
Devils_Advocate
04-08 11:54 AM
USCIS announced it continues to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap
USCIS press release:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cf6c9a6461680210VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
USCIS press release:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cf6c9a6461680210VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
vinabath
04-02 01:50 PM
I see...so my 485 will be processed - it just won't be approved until the PD becomes current again?
That I or USCIS cannot guaranteee.....:p
That I or USCIS cannot guaranteee.....:p
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