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EndlessWait
05-21 01:18 PM
We all know, Mexican govt. lobbied quite a lot for there ppl. Looks like its a fair course. NRIs serve both interests US and back home. India and US seem to be strong allies now then ever, so perhaps we should ask the Indian govt. to voice our concerns.

Its only fair when illegals can get all the attention, why can't we.
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sgorla
01-29 06:37 PM
You should not have any problem at the port of entry as long as you have a valid H1B visa stamp in your passport, and have a new H1B approval notice from the new employer.

Hi
I have little different problem here, I got my approval in 7 cal days so which is good and now I have start working with new employer so all good..

Now new employer wants me travel to Europe for some official work for 1 week and since my passport stamp is on my old employer and approval notice is new employer so do you guys think it would be an issue?

please let me know what all document etc I should carry during re entry?
appreicated your help.

thanks
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wata
10-17 05:29 PM
Then what kind of visa that I have to hold between the beginning until I am ready to hire total of 10 and file my EB5.

Is there limited time frame? that I have to hire total of 10 let say within 2 years..

Thanks GCwaitforever


Not necessary. You can grow the business slowly. But only when your business grows to the size of 10 employess, you can file for EB5.
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pradeepd
01-23 12:39 AM
Thanks for your response. I'm leaning more towards Canada as I can avoid travel with my baby to India.
Do you think they might reject the case for any reasons?
How long do I have to stay in Canada if in case it's approved?

Thanks
Sudha
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lacrossegc
08-10 02:08 PM
lets hope that the administration actually implements what it says it wants to do ...
reducing the waiting times for background checks will help ....so that most adjustment apps will move to the "recommend approval" stage quickly and just wait for the Visa numbers to be current......
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kevinkris
05-10 12:52 PM
What is the source of the info? Why are you wasting your and our time..
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yabadaba
05-25 08:21 AM
SA 4114. Mr. GREGG (for himself, Ms. CANTWELL, Mr. ALEXANDER, and Mr. BOND) submitted an amendment intended to be proposed by him to the bill S. 2611, to provide comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:


On page 345, between lines 5 and 6, insert the following:

(e) Worldwide Level of Immigrants With Advanced Degrees.--Section 201 (8 U.S.C. 1151) is amended--

(1) in subsection (a)(3), by inserting ``and immigrants with advanced degrees'' after ``diversity immigrants''; and

(2) by amending subsection (e) to read as follows:

``(e) Worldwide Level of Diversity Immigrants and Immigrants With Advanced Degrees.--

``(1) DIVERSITY IMMIGRANTS.--The worldwide level of diversity immigrants described in section 203(c)(1) is equal to 18,333 for each fiscal year.

``(2) IMMIGRANTS WITH ADVANCED DEGREES.--The worldwide level of immigrants with advanced degrees described in section 203(c)(2) is equal to 36,667 for each fiscal year.''.

(f) Immigrants With Advanced Degrees.--Section 203 (8 U.S.C. 1153(c)) is amended--

(1) in subsection (c)--

(A) in paragraph (1), by striking ``paragraph (2), aliens subject to the worldwide level specified in section 201(e)'' and inserting ``paragraphs (2) and (3), aliens subject to the worldwide level specified in section 201(e)(1)'';

(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;

(C) by inserting after paragraph (1) the following:

``(2) ALIENS WHO HOLD AN ADVANCED DEGREE IN SCIENCE, MATHEMATICS, TECHNOLOGY, OR ENGINEERING.--

``(A) IN GENERAL.--Qualified immigrants who hold a master's or doctorate degree in the life sciences, the physical sciences, mathematics, technology, or engineering from an accredited university in the United States, or an equivalent foreign degree, shall be allotted visas each fiscal year in a number not to exceed the worldwide level specified in section 201(e)(2).

``(B) ECONOMIC CONSIDERATIONS.--Beginning on the date which is 1 year after the date of the enactment of this paragraph, the Secretary of State, in consultation with the Secretary of Commerce and the Secretary of Labor, and after notice and public hearing, shall determine which of the degrees described in subparagraph (A) will provide immigrants with the knowledge and skills that are most needed to meet anticipated workforce needs and protect the economic security of the United States.'';

(D) in paragraph (3), as redesignated, by striking ``this subsection'' each place it appears and inserting ``paragraph (1)''; and

(E) by amending paragraph (4), as redesignated, to read as follows:

``(4) MAINTENANCE OF INFORMATION.--

``(A) DIVERSITY IMMIGRANTS.--The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under paragraph (1).

``(B) IMMIGRANTS WITH ADVANCED DEGREES.--The Secretary of State shall maintain information on the age, degree (including field of study), occupation, work experience, and other relevant characteristics of immigrants issued visas under paragraph (2).''; and

(2) in subsection (e)--

(A) in paragraph (2), by striking ``(c)'' and inserting ``(c)(1)'';

(B) by redesignating paragraph (3) as paragraph (4); and

(C) by inserting after paragraph (2) the following:

``(3) Immigrant visas made available under subsection (c)(2) shall be issued as follows:

``(A) If the Secretary of State has not made a determination under subsection (c)(2)(B), immigrant visas shall be issued in a strictly random order established by the Secretary for the fiscal year involved.

``(B) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have a degree selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is greater than the worldwide level specified in section 201(e)(2), the Secretary shall issue immigrant visas only to such immigrants and in a strictly random order established by the Secretary for the fiscal year involved.

``(C) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have degrees selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is not greater than the worldwide level specified in section 201(e)(2), the Secretary shall--

``(i) issue immigrant visas to eligible qualified immigrants with degrees selected in subsection (c)(2)(B); and

``(ii) issue any immigrant visas remaining thereafter to other eligible qualified immigrants with degrees described in subsection

[Page: S4975](c)(2)(A) in a strictly random order established by the Secretary for the fiscal year involved.''.
(g) Effective Date.--The amendments made by subsections (e) and (f) shall take effect on October 1, 2006.
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abandookwala63
03-19 01:16 PM
I am working for company A for the past 8 years. they are closing down. I have got EAD and another job offer in the same category. My lawyer told me to transfer the H1 on the new employee. I told him about 6 years cap.(In case something goes wrong with my AOS i cannot stay as my 6 years on H1 are over). He told me that still i can have my 1 year extensions, does not matter even my 6 years are over. On IV people are discussing that once your 6 years cap is over and AOS is denied you cannot get extensions. Can somebody please clear up my situation. Thanks
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GetGC08
05-11 09:14 AM
You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.

Hi,

Thanks a lot for your reply. I really appreciate it.

Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????

I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.

Correct me if I am wrong on this.

Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??

I will really appreciate your response.

Thanks.
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crazyghoda
04-29 10:27 AM
Filing the application to port as seperate after the 140 is approved assures the attorney & the employer of of 2 things:
1. The attorney gets more money for filing a seperate application.
2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.

Best to port the PD at the time of filing the 140.

Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.
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kshitijnt
04-25 09:33 PM
New OPT rule says that you should not be unemployed for more than 90 days on OPT. Since you are on OPT, you are not out of status. You need to find a new job ASAP.

If your H1 was approved, do you have the receipt number? Since its already counted against the cap, and if your employer does not cancel it, then you can technically transfer it to another employer. Talk to your employer about this.
You will need approved petition or receipt number to transfer H1.

As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1.
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kangaroo70
08-17 09:29 PM
meet_rayhan:

how long did it take for you to get denial reason from DOL? my lawyer got notice today, but they don't know reason for denial yet.
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karthkc
05-11 02:46 PM
This is a common scenario for some IT folks who were here during the downturn from 2001 through 2005 and is not a big deal in your case.

USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.

In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.

Hope that clears it a bit!

Hi,

Thanks a lot for your reply. I really appreciate it.

Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????

I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.

Correct me if I am wrong on this.

Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??

I will really appreciate your response.

Thanks.
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franklin
01-23 03:12 PM
That's certainly a lot better than the "spam" i got from Senator Feinstein.

I just got some *#&$ about thanking me for supporting her blue card and AgJOBS initiatives, with not a mention on tackling retrogression issues.

Hardly a huge surprise, but I'm writing back
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wizkid732
08-26 07:47 AM
Thanks overseas.
Just curious... has your case been approved?
I got a letter to the ombudsman's query to USCIS. They clearly mentioned that it was in a name check/background check process and it might take time.

They threw in some words like, that kind of checks resulted in sex crimes, terrorist links and violent crimes etc so that no one will question the time i suppose.

I have been at wrong place at wrong time. I applied for the GC in 2001 and never passed the labor stage till mid 2005 (NY cases stuck in Apr 2001 forever, my company shut down).

I applied on a different labor substitution in 2005 when and got denied as the employer applied the labor to more than one case. I think this might be the reason for the name check. I started clean again in sept 2005 and it is pending thus far.

I used the AC 21 and moved on after the 2007 fiasco. 5 yrs in the US is a long time as far as the employment goes :-).


wizkid732,

My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.

On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.
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ujjwal_p
06-05 11:23 PM
I had a similar experience. Four weeks after my I-140 was approved, I had another LUD and when I checked the online status, it had the same message that you mentioned. When I asked my lawyer, he told me that it ususally means that the employer has received a copy of the approval as well. And sure enough, 3 days later, I found out from HR that they received the I-140 approval letter and they wanted to know what to do with it.

Does this mean both the employer and employee get their separate copies of I-140? I assumed only the employer/lawyer gets to have the actual I-140 approval.
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techysingh
01-15 10:17 AM
You do need your AP and you would atleast copy (original is better) for your I140 approval and I485 receipt, I would have used DHL/FEDEX overnight or fastest service to make sure it is not lost. It is more money but best chance of not getting lost in transit.

Here is my story. I am writing it for the benefit of all IV people in similar situation.

I had the same case in 2008, I got pink slip for my H1B stamping on Feb 1. on Feb 15 I got a call that my case is clear and I can get it stamped. I gave my passport on 17th and checked for status on 20th and I was told that my case went into another admin processing and no time duration is known.

Due to circumstances I had to travel on my AP on Feb 21 to US (I became an advance parolee). But my H1B approval was still valid and I could use my H1B to work in US. I even used the H1B approval+I94(AP based) for H1B amendment and my new I94 was changed to H1B instead of advance parolee.

I got a call in may 2007 from consulate that my case is now clear and I can come for stamping. I requested them via email+phone to keep my case active until i come back to india in Nov 2008

Now this scenario had a few gochas in it

If I travel to India after the clearance call from delhi consulate before my I94 was modified. i.e. my I94 still has parolee status. If H1B is samped on the older I797 the good other wise next time i enter US on AP my H1B is gone since AP only lets you resume your status that you had before you left US and entered into US using AP.

In my case luckily my status had changed to H1B due to H1B amendment so I could enter into US again on AP and still be able to maintain H1B status.

This my story and based on research my wife did after i was stuck in India. And I did consult my company lawyer to check for the exact list of documents I need to carry with me in case I need them while entering into US.

Be ready for longer than ususal time at the entry port since AP processing takes lot more time than a visa stamp(mine took 3 hours at LAX)
All the best
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subarashi_indo
11-30 12:26 PM
I checked on the website, and it has a note - " Important Note: In certain cases of an old passports issued by an office other than the Consulate General of New York, a passport is issued for one year. In such cases, applicants have to apply for extension of the passport any time after 45 days. A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. "
Here's the link that I was referring to...
RENEWAL OF PASSPORT OR NEW PASSPORT - www.indiacgny.org (http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3)

What I meant to ask was, I cannot apply for a renewal until I get my new I797, right ? And, once I get it, and plan to travel, I'll go for a new visa stamp and I just want to make sure that I get it for the duration applicable and not until the expiration of the passport, and also that if i get my passport renewed here, I get it for another 10 or so years and not one.
Also, could you please tell me how long does it usually take to get the passport renewed ? I'm in NY area.

Thank you.
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rajnag21
07-22 09:09 PM
Hi,
Quick question here. Suppose the h1 receipt was not attached and the application was already sent by july2. Can we send in a copy of H1 extension receipt now ?
My h1b visa expired in april 2007 and extension was filed in feb 2007. I94 also expired in april 2007. I am thinking as long as u apply aos application within 180 days of being out of status for any reason we are in status.
Correct me if im wrong and add any info that you may feel is relevant..

Anxiously waiting for reply
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gcseeker2002
11-05 01:00 PM
I don't know. It is just puzzling that some people got both while others only got one. What is the basis for approving AP?
Is there any basis needed for approving AP? Is it EAD ? If so my application is in deeps***. onceagain, is there anybody here with this kind of experience. Also since I already took infopass once, is there any use taking it again for my ead ?
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ashishgour
04-30 04:09 PM
Not yet..he has been questioned abt illegals..but is also talking about highly skilled immigrants...
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