Wednesday, June 8, 2011

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  • raysaikat
    07-30 07:18 PM
    I am stuck out side of US for my name check for last 9 months when I applied for my H-1. I have approved I 140. is there any way I can file my I 1485 and Advance parole or any thing to get back into US.

    Some one has told me that I can use consular processing but have no idea about that.

    Please help me and let me know what are possible options for me to return to US.

    You cannot file I-485 unless you are physically present in the US. You can request a consular processing; i.e., for getting the green card when your PD is current, you will have to be in your home country where the IO in the US consulate will interview you (just like H1-B interview) and make a decision regarding whether to give you green card or not. Applying for CP or anything else connected to GC will not make you eligible to enter US. You must have a visa (or green card) for that.

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  • gcisadawg
    07-31 11:50 AM
    lol, but you have got to specify the exact date and time of your PD coz' the pace it moves at, ever second matters.

    They did mention in one of the other threads that it will touch 2003 for ROW so I do not see any light at the end of the tunnel for EB3 I folks.

    Just for fun, let me predict with all seriousness.

    On Oct 2009 Visa Bulletin: EB3-I Cutoff date Dec 15th 2000
    On Oct 2010 Visa Bulletin: EB3-I Cutoff date June 1st 2001

    I'm hoping to see a movement of atleast 6 months for EB3-I during Fiscal year 2010.

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  • smisachu
    05-13 03:51 PM
    [QUOTE=michael_trs;1852366]Smisachu, I agree, I need to add alternative education� thank you for your advice.

    What about �requirements normal for the occupation� is this Yes or No for Master's + 5 years ?

    What is your experience?[/QUOTE

    Yes. That's a little dicy for Software Developer. Maybe you work in a sepcific skill and can elaborate on that.

    For me I work in a field with very specific skills and my Job title was also more specific than this. We put MS+3 and that 3 years have to be spent working in one particular area and must have acquired a set of specific skills. So the requirements for my occupation were normal and we said yes.

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  • answers_seeker
    09-07 09:49 AM
    What do u think big companies who cannot sponsor L1 ( have to be with the firm for atleast an year ) do in situations like this.

    They sponsor H1 and send them to work here on shorter / longer durations.
    So in your case, though you are technically working for ABC, Canada you are still working for ABC per se. This means your visits to the US on your valid H1b will have to be on your company's business.

    The catch here is the end of your gc process road, you should be employed by ABC in US. So plan on coming back by that time..


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  • cahimmihelp
    07-15 02:32 PM
    Thanks a lot Raj.

    One more question. Does current company give you any originals when your I-140 is approved? If so, I was not given any. I was just told by the company attorney by mail saying that my I-140 is approved. So now, what exactly should I ask for? Appreciate if you can list all the required documents.

    Thanks again for answering so promptly.


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  • gc28262
    02-11 12:43 PM
    My online I-140 status shows the case cannot be found. The receipt date for my i-140 is current. What should I do? Anybody seen this issue.

    I had the same issue after filing concurrently in July 2007. My I-140 could not be found on CRIS. Finally towards end of Dec 2007, it showed up.

    My attorney advised not to care about the online status as we had the receipt copy with us.


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  • Sakthisagar
    10-20 12:55 PM
    there is no need for pro-immigrant senator to respond becoz as soon as they respond..... it will increase the visibility and importance of grassley..... many a times in politics, the purpose of putting out provocative statement is to provoke a response..... to that effect, no response is the best response.... it is better for california director to respond & fight with a sitting senator, which de-values grassley's perceived seniority.....

    That means let Immigrants suffer in hell. with this ignorant guy's letters, and inturn USCIS responds and issues a dump memo on that letter again, and the suffering becomes more and more day by day. Is the republicans have majority or Democrats I have doubts about that. This bipartisan is a key word to do nothing and enjoy all the benefits of being the ruling side. There is no seniority issue here. These senators are weeds who make immigrants life miserable.

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  • PrayForEveryone
    07-11 11:10 AM
    140 (EB3) was upgraded to Premium Processing on June 27th 2007 (just before the USCIS suspended premium processing on 140).
    It got approved yesterday!


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  • dealsnet
    09-08 12:40 PM
    I don't know about them. Any way free is free, till they ask for money.


    If they want our number for telemarketing, do the following.

    If you think the number is used for telemarketing people,
    dial *67 before you dial that number so it will block your caller id.
    you can go via Google Voice, as your Google Voice number will be displayed to the Telemarketers and not your own number!

    One big question:

    Who runs this free calling service?

    There is no contact information or legal disclaimers. It is just a one page website.

    BTW I tried and it worked. But these questions are important to know this is not a fishy site or what their true goal of providing this free call is.

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  • dan19
    09-11 04:13 PM
    Call your lawyer and get your ETA number. The 45 day letter has your ETA number.
    Tell him that you would like that number to track your case using the new BEC online case status search.

    Normally he should give you that number, since it is nothing harmful for him and your company.

    Hi All,

    I received word from my company that my 45 day letter had come in .. this is March 2005. Its more than a year and now they just seem to keep quite. If I persist they say the lawyer has not come up with anything yet.

    I tried calling the lawyer but they say that nothing has come up either.

    Now with all the talk about September 2007 the finish date for the BEC where do we stand. My lawyer is quiet, my employer is quite and my 6 years are getting close to complete in January 2007.

    How are you guyz coping ? I am tired of waiting .. haven't gone past the first stage.

    Hoping for the best.


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  • dammu
    04-14 08:44 PM
    I am on H1B without job and no paystubs.
    My employer has been trying to find a project for me but till now he couldnt get anything.
    Its been 6 months alreay since I am on H1B visa.
    He made me modify my actual experience to include fake projects .
    Now I am thinking of filing a complaint to DOL.
    I have my H1B petition and offer letter from the employer.
    But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
    What should I do? Will DOL take any action against me?
    Any success stories of DOL complaint filing?

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  • Prashanthi
    06-26 01:41 PM
    No matter what the employment contract states as the penalty for leaving the job. If your employer files a case against you for breach of contract the court will decide what damages if any need to be awarded, they will look at all the circumstances involved, you can also file a counter claim for any money you think is owed to you by the company. The court will not honor a predetermined amount mentioned in the contract as damages.


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  • interested
    01-18 01:34 PM
    Humanitarian Parole was specially created for cases like this. You can apply at the US Embassy. Your wife can apply for Humanitarian parole at the same time and it must be decided by the staff at the Embassy. Of course, you can also apply in the US if at the Embassy doesn't work but I hope that you don't have to do this. Contact the office of the Ombudsman at USCIS in your city. They can help.

    Hi, I'm in a desperate situation.I am an asylee and have filed for my LPR.My asylee relative petition has been approved for my wife.
    My problem is: a have a newborn baby who resides with my wife outside US and the US Embassy did not issue him any kind of visa,since my wife went for the interview after the petition was approved.She is all set and done,but my baby got born after I've been granted asylum and couldn't file the asylee relative petition for him.The law says that babies born after the asylum decision are not eligible for derivative asylum.I read that Humanitarian Parole would be a solution for these cases,but the officer at the embassy claimed that I should file a relative petition for him ,or file for humanitarian parole here in the US.
    My question is can my wife file for Humanitarian Parole at the US embassy,or is there any other way
    I read that US Embassies abroad are authorized to issue humanitarian paroles.I think this is the mos inhuman decision I ever heard of and it's about my baby.
    I would really appreciate any help

    (This is what I found on the internet)
    FEB. 28 2008

    5) I-730 CASE or HUMANITARIAN PAROLE? What can be done for the
    beneficiary spouse of an I-730 Asylee Relative petition if she gets
    pregnant and has a child (from the petitioner, of course) after the
    petitioner was granted asylum �therefore this new child is not considered
    a derivative- but before she completes the Visa 92 process at the US
    Embassy. Does the US Embassy have the authority to parole the
    newborn child for him to join the rest of the family in the US?

    Answer: If the child was in utero at the time of the asylum grant the
    regulations provide benefit to that child as a derivative under 208.21(b). If
    the child was not in utero and the relationship with the child was after the
    asylum grant, then a I-730 petition can not be filed on behalf of this child.
    The U.S. Embassy does have the authority to grant a humanitarian parole
    and that would need to be addressed with the U.S. Embassy.

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  • mk26
    03-31 03:29 PM
    Thanks all for your help and great inputs. IV has helped me a lot.

    I wish you all the best ...

    TKs, GG

    Hey Congrats..!! don't forget to login IV and let us know the life with GC


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  • gc_chahiye
    07-12 11:59 AM
    you wont be subject to cap if you jump to H4 and jump back to H1 since you were on cap subject H1 within the past 365 days. However if your spouse jumps to H4, she can only jump back to a non-cap H1. If she wants to work for a for-profit, she has to go through teh H1 cap.

    Basically the fact that your H4 was based off a non-cap H1 has no bearing on your own H1 status and cap limits and returning to H1 again.

    If you are on 7th year and you get layed off, you can only get the H4->H1 done if you still have that I-140 approved. If in the process of laying you off your employer also cancels teh I-140 you cant come back to H1. You need to wait outside teh US a year and you'll be subject to cap again.

    one more thing: I am not sure how long you can stay on H4 and come back to H1 without being subject to cap. (is it 1 year or 6 years)

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  • neoneo
    07-30 12:03 AM
    IMHO.. one thing for sure is that post school u need to join the same position as filed for GC. However being non resident has nothing to do with USICS. It's to do with IRS and the state tax agencies. Also, you wont go on "F-1" visa since you'll use AP. But you do need an I-20.(two different things ...similar to I-797 and H1)

    So, the question to be asked is not "Can one goto F-1 visa after filing EAD" rather "Can one goto school after filing EAD ?".

    I don't quite understand why one can't ( I'm sure there are reasons) If a person can stay at home or be self employed after applying for EAD/AP. Then IMHO that person can goto school too.

    I think you can, however u need to join the same position for which the GC was filed and u need to be paying taxes.

    Any suggestions ? .. also, what happens if your spouse is on F1 when the primary applicant files for 485/EAD/AP?


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  • eb3_nepa
    11-05 10:28 PM
    Hello everyone,

    Can anyone shed more light on what kind of jobs qualify for NON-Cap H1B jobs?

    A few months ago people had floated the term "Non Cap H1bs".


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  • gc4me
    01-17 01:52 PM
    What documents do we need to provide the US Embassy/Consulate to issue a birth certificate. Please reply.
    Go ahead and apply for a birth certificate from your nearest US Embassy/Consulate.

    You will need one anyway when you do file I 485 or CP so might as well keep it ready now.

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  • jscris
    July 15th, 2004, 12:58 PM
    I love my Better Beamer. :) I think my last posted shot of the brightly sunlit finch wouldn't have been usable without the fill flash. Can you handhold that 300 2.8?

    11-16 06:36 PM
    Please don't give out wrong information. Noone asking you to reply if you are not 100% sure of what you are saying.:mad:

    Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.

    I am 100% sure on what I am saying and will never suggest something to anyone if I myself has not been advised to follow the guideline.

    The gentelman who replied last has already stated the same thing, work for the same employer to maintain your H1B if you enter on AP, but you will be a parolee until your H1B get renewed again.


    06-15 04:31 PM
    see the reply
    Any reason why your case was transferred to local office? Our PD is becoming current on July 1st do you recommend me taking an appointment and visiting the local office? please suggest.

    Also, please elobrate the interview information you had, and what you carried for the interview.


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