shree09
08-07 02:55 PM
Hi,
I need some info. about whether it is good idea to do Canadian PR Landing and H1B extension stamping in one visit to Canada?
Here is the situation:
------------------
1. I got Canadian PR approval. I have submitted passport for stamping. After They mail it back to me, I need to travel to Canada(want to go to Vancouver) and at the border apply for PR Landing forms.
2. I have H1B extension approval but need stamping as I need to travel to INdia later this year on vacation. So when I go to canada, can I go to US Consulate apply for stamping and come back to US with same stamping???
I dont have AP so I cannot come back to US without the stamping. So what is the best solution in this case.?
I need to land in Canada before May 2008.
Your help will be greatly appreciated
Thanks
I need some info. about whether it is good idea to do Canadian PR Landing and H1B extension stamping in one visit to Canada?
Here is the situation:
------------------
1. I got Canadian PR approval. I have submitted passport for stamping. After They mail it back to me, I need to travel to Canada(want to go to Vancouver) and at the border apply for PR Landing forms.
2. I have H1B extension approval but need stamping as I need to travel to INdia later this year on vacation. So when I go to canada, can I go to US Consulate apply for stamping and come back to US with same stamping???
I dont have AP so I cannot come back to US without the stamping. So what is the best solution in this case.?
I need to land in Canada before May 2008.
Your help will be greatly appreciated
Thanks
bestin
12-21 08:28 PM
Friends,
I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.
I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.
I look forward for your advice,
Thanks in advance
Working in H1B has its own advantage.I am unsure if u are married.If not as discussed in one of the threads u might have to marry a GORI if u r not in H1B ,with the current scenerio.
If i were u i would try my best to renew the visa especially because of the fact the 140 is still pending.If there is no other way then i ll start using EAD and also keep trying options back home till 140 is approved.
Good luck
I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.
I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.
I look forward for your advice,
Thanks in advance
Working in H1B has its own advantage.I am unsure if u are married.If not as discussed in one of the threads u might have to marry a GORI if u r not in H1B ,with the current scenerio.
If i were u i would try my best to renew the visa especially because of the fact the 140 is still pending.If there is no other way then i ll start using EAD and also keep trying options back home till 140 is approved.
Good luck
gps001
02-23 02:34 PM
Hi,
1. I have my I-140 approved, applied for I-485 and have EAD/AP
2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
3. Both have 6 years of H1-B expiring later this year (both from different companies)
I can extend my H1-B based on pending applications.
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.
Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?
Thanks.
1. I have my I-140 approved, applied for I-485 and have EAD/AP
2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
3. Both have 6 years of H1-B expiring later this year (both from different companies)
I can extend my H1-B based on pending applications.
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.
Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?
Thanks.
mnkaushik
11-07 05:07 PM
I did use my experience in my current company for my I 140 and my I 140 has been approved. I had 2 years of exp prior to joining my company and my LC was for 4 years exp, so I used 2 years of exp from my current company. From your priority date it looks like you have applied using RIR or traditional. I think it is true for PERM that you cannot use the experience of your current company but for RIR or Traditional you can.
So your lawyer is right in saying that you can use your exp with your current company.
So your lawyer is right in saying that you can use your exp with your current company.
more...
GCPagla
02-20 01:03 PM
To bring more details to my question:
a) Though my job title is like programmer analyst, my SOC job code is given as 17-2071.00 which is "Electrical Engineer"
I was never an electrical engineer (not even by my education). I do not know why the original filer used such a SOC code. Now my new role (lead technical architect) will have a SOC code as 15-1031 as that is for computer architect.
Morever my new employer will not provide me a Ac21 portability matching my labor cert.
My role responsibility is following as per labor cert.
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
Do you feel that changing the job as lead architect willl be a paradigm shift for me causing my GC gone denied?
Thankis in advance.
a) Though my job title is like programmer analyst, my SOC job code is given as 17-2071.00 which is "Electrical Engineer"
I was never an electrical engineer (not even by my education). I do not know why the original filer used such a SOC code. Now my new role (lead technical architect) will have a SOC code as 15-1031 as that is for computer architect.
Morever my new employer will not provide me a Ac21 portability matching my labor cert.
My role responsibility is following as per labor cert.
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
Do you feel that changing the job as lead architect willl be a paradigm shift for me causing my GC gone denied?
Thankis in advance.
pankajkakkar
03-28 05:28 PM
I read dailykos.com, a liberal blog site, often. Recently, there has been a spate of postings there that are anti H-1B and anti high tech immigration. One example, from today, is: http://www.dailykos.com/story/2007/3/28/82450/4208. I have been posting comments as cacophonix.
dailykos.com is the most powerful and most popular liberal blog. Opinion that gets set there is influential with Democratic legislators. There is significant support there for high-tech immigration, but I think the tide could easily turn.
I need help from fellow IVers in refuting such ridiculous diaries as the one above. Please register and follow developments there, and please post responses when these issues come up.
I can't stress this enough: dailykos has a strict trolling/abuse policy. If you lose your cool and start abusing, you will get banned in a flash. So please be courteous.
dailykos.com is the most powerful and most popular liberal blog. Opinion that gets set there is influential with Democratic legislators. There is significant support there for high-tech immigration, but I think the tide could easily turn.
I need help from fellow IVers in refuting such ridiculous diaries as the one above. Please register and follow developments there, and please post responses when these issues come up.
I can't stress this enough: dailykos has a strict trolling/abuse policy. If you lose your cool and start abusing, you will get banned in a flash. So please be courteous.
more...
perm2gc
12-22 02:33 PM
Well...If the judge happens to get enough jurors at the time he/she might not issue an arrest warrant ....If the judge issues the arrest warrant and the local police cannot find you, the warrant just sits there....There is a national database for outstanding warrants...When someone gets caught doing something else, they look up for the outstanding warrants..Then I guess they would hand you over to the police where there is an outstanding warrant for you. Otherwise the warrant just sits there..You would need to explain to the judge that you are not eligible for jury duty and explain the situation and the judge might expunge the record.....You would spend some hard earned money doing that...
The whole thing might degenerate into 'My Cousin Vinny'.
You should always forward your mail...Don't get caught doing something stupid either...That is a good advice for always.....
I don't think that the immigration people look into the outstanding warrants...
How will judge determine that we actually received the post.It can be lost on the way or something else can happen.Or do we have to sign the notice when the postman gets it.
The whole thing might degenerate into 'My Cousin Vinny'.
You should always forward your mail...Don't get caught doing something stupid either...That is a good advice for always.....
I don't think that the immigration people look into the outstanding warrants...
How will judge determine that we actually received the post.It can be lost on the way or something else can happen.Or do we have to sign the notice when the postman gets it.
sanjuatl
06-08 11:39 AM
how about contributing to IV? When ppl here dont pay $10 for IV...will they $1 or $2 Million for Saturn....Do you think so????
more...
Prashanthi
05-08 04:17 PM
I agree you might be better off filing a new I-485 if the visa number is available once the I-140 is approved. It is sometimes difficult to get the USCIS to do the interfiling, they often don't send any acknowledgment of the same.
thadipalam
10-25 01:12 PM
Does anybody have an experience of Chicago/Waukegan office?
more...
Blog Feeds
08-08 09:30 AM
These are fun and hot summer days for us Immigration lawyers filing H1B cases (http://www.h1b.biz/lawyer-attorney-1137085.html). As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
samrat_bhargava_vihari
02-12 09:58 AM
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
.... may not be because you have a law for this change until this option is discused I hope this is possible.
.... may not be because you have a law for this change until this option is discused I hope this is possible.
more...
raysaikat
07-19 10:37 AM
Hi All,
I have a question regarding the status check of the 485 process. Does USCIS change the Updated date (maybe a soft LUD) before approval/completion of processing of 485 on the Case Status.
I know its a yes/no/maybe not always kinda answer but I wanted to check with those who already had approved 485s if they had noticed updates before the Approval. If yes, what is the usual timeframe after the update when the approval has been noticed.
I am sure, like me :) you must have kept checking the Case Status page like crazy once the dates were current so, please respond and I am sure many will benefit from your responses.
I am sure, many of you who are still waiting like me,already have friends who went thru this process, so, even your inputs are welcome.
Thanks,
Amar.
In my case, it did not. The I-485 application status changed directly to "Approval notice sent". Then next day I got "Card production ordered" and after that "Welcome notice sent".
I have a question regarding the status check of the 485 process. Does USCIS change the Updated date (maybe a soft LUD) before approval/completion of processing of 485 on the Case Status.
I know its a yes/no/maybe not always kinda answer but I wanted to check with those who already had approved 485s if they had noticed updates before the Approval. If yes, what is the usual timeframe after the update when the approval has been noticed.
I am sure, like me :) you must have kept checking the Case Status page like crazy once the dates were current so, please respond and I am sure many will benefit from your responses.
I am sure, many of you who are still waiting like me,already have friends who went thru this process, so, even your inputs are welcome.
Thanks,
Amar.
In my case, it did not. The I-485 application status changed directly to "Approval notice sent". Then next day I got "Card production ordered" and after that "Welcome notice sent".
DareYouFireMe
03-12 11:35 AM
If you look closely its for the I-484 stage. I have also been told that the first stage has to be apporved. So the first I-140 has to be approved (earlier priority date). The word 'subsequent' is throwing the confusion around.
I think this is not fair since lot of people have their earlier petition being approved after their second petitions (due to perm and premium I-140).
example i guess clears the statement.
I think this is not fair since lot of people have their earlier petition being approved after their second petitions (due to perm and premium I-140).
example i guess clears the statement.
more...
meridiani.planum
12-05 02:16 PM
Noticed this article today. Thought some of us would love to roll your eyes over it.
http://infotech.indiatimes.com/News/H1-B_visas_A_booster_coming/articleshow/3791756.cms
:):):)
with the job loss report announced this morning (over 500k lost last month, and 1.9million lost overall) its unlikely this will come through. Too hot button an issue. Even if teh quota is increased, like in 2002/2003 its unlikely it will be filled.
http://infotech.indiatimes.com/News/H1-B_visas_A_booster_coming/articleshow/3791756.cms
:):):)
with the job loss report announced this morning (over 500k lost last month, and 1.9million lost overall) its unlikely this will come through. Too hot button an issue. Even if teh quota is increased, like in 2002/2003 its unlikely it will be filled.
dealsnet
04-06 03:54 PM
I have the denial letter. If you PM your email, I can send to you.
USCIS mentioned about EDGE database and denied. (they are using EDGE for comparison)
You cannot get a rule from internet, but you can see their denial decision letter from the affected people and read their new found vision.
http://aacraoedge.aacrao.org/
ALSO READ MURTHY'S CONCERN OF USCIS USING EDGE DATABASE.
THEY give (Indian) MSC only equal to US bachelors.
http://www.murthy.com/news/n_mtaedg.html
You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.
Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.
If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.
_________________
Not a legal advice.
USCIS mentioned about EDGE database and denied. (they are using EDGE for comparison)
You cannot get a rule from internet, but you can see their denial decision letter from the affected people and read their new found vision.
http://aacraoedge.aacrao.org/
ALSO READ MURTHY'S CONCERN OF USCIS USING EDGE DATABASE.
THEY give (Indian) MSC only equal to US bachelors.
http://www.murthy.com/news/n_mtaedg.html
You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.
Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.
If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.
_________________
Not a legal advice.
more...
gbof
01-10 05:45 PM
Current Status: Card mailed to applicant.
On January 9, 2009, we mailed the new card directly to the address we have on file. You should receive your new card within 30 days. If you do not, or if you move before you get it, call customer service.
THEY SAID THIS WAS A NEW CARD. I WANT TO KNOW DO THEY DISTROY THE FIRST CARD THAT WAS SEND TO ME OR IS THIS NEW CARD WAS THE LPR(GREEN) CARD THAT HAVE 10 YEARS OF EXPIRATION? PLS URGENT REPLY THANKS
Relax and just wait for the mail. Only Last Action Taken is valid.
On January 9, 2009, we mailed the new card directly to the address we have on file. You should receive your new card within 30 days. If you do not, or if you move before you get it, call customer service.
THEY SAID THIS WAS A NEW CARD. I WANT TO KNOW DO THEY DISTROY THE FIRST CARD THAT WAS SEND TO ME OR IS THIS NEW CARD WAS THE LPR(GREEN) CARD THAT HAVE 10 YEARS OF EXPIRATION? PLS URGENT REPLY THANKS
Relax and just wait for the mail. Only Last Action Taken is valid.
reddog
09-28 09:48 AM
Most likely the employer will not go thru the suing process to recover $4000, he will simply put you in his black book.
At the max, you will not have the luxury of asking experiences letter or any other document you may/may not need now or in the future.
3 years is a pretty long time and I believe you should negotiate with him and leave proffesionally.
That way, even if you do not pay, you always keep the option open of paying him when you need him later. ( I know it sounds repulsive, but depending on other circumstances, like how much did he keep out of the billing rate and what other benefits he was giving you and many other factors) should contribute to your resigning deal with him.
At the max, you will not have the luxury of asking experiences letter or any other document you may/may not need now or in the future.
3 years is a pretty long time and I believe you should negotiate with him and leave proffesionally.
That way, even if you do not pay, you always keep the option open of paying him when you need him later. ( I know it sounds repulsive, but depending on other circumstances, like how much did he keep out of the billing rate and what other benefits he was giving you and many other factors) should contribute to your resigning deal with him.
dupedinjuly
07-17 06:00 PM
Thats right. We have won a battle. We need to win the war. The visa numbers need to be recaptured for all the july I-485 to be finally adjudicated.
We need to celebrate but focus our energies on recapturing visa numbers going forward.
Guys -
Senator Cornyn is proposing an amendment to the DOD bill SA 2143. I am not able to read the text of this in Senate.org. We may have to start our campaign again for a permanent fix soon.
NumbersUSA is reporting this in their website. Please we need to mobilize soon.
We need to celebrate but focus our energies on recapturing visa numbers going forward.
Guys -
Senator Cornyn is proposing an amendment to the DOD bill SA 2143. I am not able to read the text of this in Senate.org. We may have to start our campaign again for a permanent fix soon.
NumbersUSA is reporting this in their website. Please we need to mobilize soon.
Aah_GC
07-11 07:07 PM
His PD is July 2006. He would have gotten the 2 year EAD either way. EB2 India is June 01 2006.
Isn't there a rule that talks about folks getting their 2 year EAD only if they are two years (or some timeframe) away from their PD?
Isn't there a rule that talks about folks getting their 2 year EAD only if they are two years (or some timeframe) away from their PD?
stucklabor
03-16 09:36 AM
I am not sure how we can conclude that there is massive corruption and mismanagement. According to this report, tons of immigration applicants knowingly commit fraud in their applications. For instance, people file frivolous I485 applications that have no chance of succeeding, just to get EAD/AP. USCIS is having trouble balancing the Presidential mandate to reduce the backlog - which means faster processing of each application - with the need to detect and prevent fraud, which means taking a longer time over each application.
The title of this thread is quite misleading, IMHO.
The title of this thread is quite misleading, IMHO.
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