prem_goel
03-08 09:57 AM
Hello Ann,
Thanks for your prompt reply. The situation it seems is more precarious than I thought. She's carrying the official letter from her company that describes her B-1 duties (like requirement gathering, project transition, business meetings etc).
Would you suggest any other measure? I want to make sure she's not denied entry. It'll be terrible if anything of that sort happens especially with no fault of hers.
If she's denied entry, who'll be responsible for sending her back to India? Will CBP make arrangements? Will she be bar entry to US again?
Hi Prem,
Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?
Thanks for your prompt reply. The situation it seems is more precarious than I thought. She's carrying the official letter from her company that describes her B-1 duties (like requirement gathering, project transition, business meetings etc).
Would you suggest any other measure? I want to make sure she's not denied entry. It'll be terrible if anything of that sort happens especially with no fault of hers.
If she's denied entry, who'll be responsible for sending her back to India? Will CBP make arrangements? Will she be bar entry to US again?
Hi Prem,
Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?
abhaykul
05-04 02:05 PM
Guys,
1) For 7 th yr extension your LC and I 140 have to be approved if your LC
is less than 365 days old at the end of 6 th year.
2) If your LC is more than 365 days at the end of 6 yrs it does not matter if it is approved or not you are still eligible for 7 th year extension.
Abhay
1) For 7 th yr extension your LC and I 140 have to be approved if your LC
is less than 365 days old at the end of 6 th year.
2) If your LC is more than 365 days at the end of 6 yrs it does not matter if it is approved or not you are still eligible for 7 th year extension.
Abhay
pappu
05-14 08:41 AM
Good Morning.
shirish
03-26 11:32 AM
According to my knowledge it has to be after the college. You cannot be fulltime employed and full time student at the same time.
So in nutshell. B.S + 5 years exp (After completing BS) and also the job must demand for BS + 5 years exp.Else you cannot file under EB2.
Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
So in nutshell. B.S + 5 years exp (After completing BS) and also the job must demand for BS + 5 years exp.Else you cannot file under EB2.
Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
more...
sunny1000
04-20 01:44 PM
Hi,
My in-laws came to US last Firday along with my kid who is a US citizen.
Their passport has a stamp that says Admitted on Apr 17 at Chicago, Class B2 and "Until" is blank. There should be a date that tells they can stay until this date.
What are my options now. Do i need to let it go or contact some one and bring it to their notice etc..
Any help is appreciated
Are you saying the I-94 does not have the date written in the "until" column or is it only on the passport? Usually, on the passport, the CBP officer just stamps it as "Admitted" and NOT write the date of departure except in cases of Parole stamps - all my entry stamps on my passport do not have dates written on them when I entered using H1B.
Does the I-94 have the date written on it? If so, that is all that is needed.
My in-laws came to US last Firday along with my kid who is a US citizen.
Their passport has a stamp that says Admitted on Apr 17 at Chicago, Class B2 and "Until" is blank. There should be a date that tells they can stay until this date.
What are my options now. Do i need to let it go or contact some one and bring it to their notice etc..
Any help is appreciated
Are you saying the I-94 does not have the date written in the "until" column or is it only on the passport? Usually, on the passport, the CBP officer just stamps it as "Admitted" and NOT write the date of departure except in cases of Parole stamps - all my entry stamps on my passport do not have dates written on them when I entered using H1B.
Does the I-94 have the date written on it? If so, that is all that is needed.
cableching
05-21 12:33 AM
The example he has given is a special case. The guy needs H1, because his son was out of status. Something is missing in the case. The child came to US 10 years back on B2 and stayed on B2 forever without extending or changing the status???
We need H1 only when we are not married or we have not filed I-485 for the dependants.
We need H1 only when we are not married or we have not filed I-485 for the dependants.
more...
thomachan72
05-10 09:42 AM
I am curious to know if people are sending amounts >20K by wire transfer to India or other countries from the US. People who do that regularly or have done that in past, have you encountered any problems? Wire transfers are directly informed by the bank to the IRS and you do not have to do it personally right?
Comments from those who have done this before is appreciated.
Comments from those who have done this before is appreciated.
chanduv23
03-26 08:16 PM
It is totally upto you for taking up the job. But working without getting paid means you are giving in to exploitation.
But then, a lot of people, in their early stages of their career can do small sacrifices to learn the skill.
The only issue would be that your consulting company would be charging a heft sum to the client and pay you nothing.
Remember, legally you are not supposed while on h4.
But then, a lot of people, in their early stages of their career can do small sacrifices to learn the skill.
The only issue would be that your consulting company would be charging a heft sum to the client and pay you nothing.
Remember, legally you are not supposed while on h4.
more...
andy garcia
11-08 01:48 PM
Do you mean EB based AOS alone is 655K? 1.3 million is I-130 petition which is different from AOS.
I-130, Petition for Alien Relative
I-140, Immigrant Petition for Alien Worker
Both require a I-485 to adjust status
I-130, Petition for Alien Relative
I-140, Immigrant Petition for Alien Worker
Both require a I-485 to adjust status
chinna2003
03-12 01:14 AM
but i asked this question to find the legality of this issue before reporting someone to the USCIS that i know is doing this.I just used I instead of someone in my thread to start the discussion.
Who do i complain to in this case?
Buddy,
Are you the same person as the one who posted this? Has someone hijacked your id or your brain?
http://immigrationvoice.org/forum/showthread.php?p=129163#post129163
Who do i complain to in this case?
Buddy,
Are you the same person as the one who posted this? Has someone hijacked your id or your brain?
http://immigrationvoice.org/forum/showthread.php?p=129163#post129163
more...
cinqsit
10-07 08:32 PM
Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
topgun_gc
07-12 11:05 AM
Vivek,
Can you please share more.? My company also deals with Littler Global, and have not heard such news as of now.
Our lawyer Company has decided to file the AOS application in July
I work for a big 5 Software company & our lawyer Littler Global had taken a stand on July that they will not file our AOS application after the June VB was revoked/amended on July 2nd.
Surprisingly , today we have received a mail from them that that keeping in view our best interest they have decided to file our AOS case in July regardless of CIS receipting them.
Wanted to share this information as it may be helpful for you folks too ...
Vivek
Can you please share more.? My company also deals with Littler Global, and have not heard such news as of now.
Our lawyer Company has decided to file the AOS application in July
I work for a big 5 Software company & our lawyer Littler Global had taken a stand on July that they will not file our AOS application after the June VB was revoked/amended on July 2nd.
Surprisingly , today we have received a mail from them that that keeping in view our best interest they have decided to file our AOS case in July regardless of CIS receipting them.
Wanted to share this information as it may be helpful for you folks too ...
Vivek
more...
new_phd
05-14 01:28 PM
Point taken.
I did look under the visa bulletin section of the forums, I did not see anything on pages 1 and 2 so I posted.
But, point taken.
Mocking me so much shows you in bad taste, my friends.
This is the last thing you will see me posting here.
And it is a "her".
subah ho gayi mamu ..... ae yabadaba chal iske liye chai banaa
translation: ("new_phd is finally up....
yabadaba please make tea for him")
I did look under the visa bulletin section of the forums, I did not see anything on pages 1 and 2 so I posted.
But, point taken.
Mocking me so much shows you in bad taste, my friends.
This is the last thing you will see me posting here.
And it is a "her".
subah ho gayi mamu ..... ae yabadaba chal iske liye chai banaa
translation: ("new_phd is finally up....
yabadaba please make tea for him")
pscdk
08-21 10:29 AM
Congratulations.
more...
eager_immi
07-18 11:01 AM
Common guys!!!
SAPGURU
07-11 03:53 PM
I am not sure if my previous employer will support, even i am not sure if they have sent a I-140 cancellation request to USCIS.
Can i file 485 through my current employer based on previously approved I-140 as my current I-140 has priority date recapture request.
Can i file 485 through my current employer based on previously approved I-140 as my current I-140 has priority date recapture request.
more...
jonty_11
02-09 10:13 AM
I fully believe in court systems in USA, and feel that we should file the lawsuit. The bills like CIR or SKIL wont see the daylight in political fights
The Judicial system is run by Bush and et al..they wont listen to soemone who they are not answerable to.
The Judicial system is run by Bush and et al..they wont listen to soemone who they are not answerable to.
obelix
03-02 11:38 AM
Looks like your PD is current. You might get your GC anytime. That is another factor I would consider if your GC gets approved before you get married.
Filing six months in advance seems to be a better idea.
Thanks for your input. I had incorrect information attached under my signature. I've not even started GC filing yet.
Filing six months in advance seems to be a better idea.
Thanks for your input. I had incorrect information attached under my signature. I've not even started GC filing yet.
illusions
04-21 02:42 PM
I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.
Good luck to everyone.
Congrats on your approval. I have seen many approvals where the processing time doesn't match and i'm not sure if it's the case that they don't update it or they just process it randomly once the PD becomes current - anybody's guess i would think.
Good luck to everyone.
Congrats on your approval. I have seen many approvals where the processing time doesn't match and i'm not sure if it's the case that they don't update it or they just process it randomly once the PD becomes current - anybody's guess i would think.
gccovet
09-04 09:39 AM
Hi,
I apologize in advance if this has been discussed before.
My case:
Currently working on H1 with Company CURR, on 8th year of H1,
H1 validity Dec 2009.
I-140 approved > 180 days,
I-485 filed > 180 days
Currently have 2 year validity EAD.
Getting offer from NEWEMP. NEWEMP ready to "transfer" H1B. (Job duties and title same/similar)
Question : If I get H1 "transferred" to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
I would appreciate any input on this matter. I need to take some decision very soon.
Thank you all.
Regards
GCCovet
I apologize in advance if this has been discussed before.
My case:
Currently working on H1 with Company CURR, on 8th year of H1,
H1 validity Dec 2009.
I-140 approved > 180 days,
I-485 filed > 180 days
Currently have 2 year validity EAD.
Getting offer from NEWEMP. NEWEMP ready to "transfer" H1B. (Job duties and title same/similar)
Question : If I get H1 "transferred" to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
I would appreciate any input on this matter. I need to take some decision very soon.
Thank you all.
Regards
GCCovet
radhay
05-15 11:57 AM
Not an expert but my guess is this window of opportunity will exist till next Fiscal year's bulletin is out i.e around 10th sep 2007. If you haven't already filed 485 you are unlikely to be approved during the window. I would go with aggressive approach i.e file based on pending EB2 and upgrade to PP. If you want to be conservtive because you never know if the porting will be accepted or not, or if it may add more delay just file eb3 485 right away, take the beneifts like ead etc.. and later port if retrogressed.
Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
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