snathan
04-13 08:19 PM
Hi,
I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....
Priority Date : Jun-06
Category : EB2
I140 Approved : 08/15/2006
Chargeability : India
Processing Stage : I-485, EAD, AP
I485 Mailed Date : 07/02/2007
My daughter is born in Canada in year 2000.
My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....
http://www.visapro.com/Immigration-Dictionary/C1.asp
Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.
I would really appreciate your help.
Thanks
If you can do that....I am sure most of the folks can do their child's chargeability as US and get the GC in matter of months... Anyway check with the attorney and update us...
I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....
Priority Date : Jun-06
Category : EB2
I140 Approved : 08/15/2006
Chargeability : India
Processing Stage : I-485, EAD, AP
I485 Mailed Date : 07/02/2007
My daughter is born in Canada in year 2000.
My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....
http://www.visapro.com/Immigration-Dictionary/C1.asp
Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.
I would really appreciate your help.
Thanks
If you can do that....I am sure most of the folks can do their child's chargeability as US and get the GC in matter of months... Anyway check with the attorney and update us...
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help43
09-10 09:19 PM
You are correct. I dont have any gap between opt and h1-B. I mean there is no out of status issue.
But generally if you are applied for h1-b to transfer from F1 status you will get new I-94(I797A) with H1-B approval. Most of my frends got the new I-94.
I do have my old I-94( I got it when i came to usa to pursue masters,There is no expiration date in it)
Which consulate is better for this case........to get solved.
According to my old consultancy i will get 5 paystubs from old consultancy and 2 paystubs from new (H1-B)consultancy is it enough to go to consulate?
But generally if you are applied for h1-b to transfer from F1 status you will get new I-94(I797A) with H1-B approval. Most of my frends got the new I-94.
I do have my old I-94( I got it when i came to usa to pursue masters,There is no expiration date in it)
Which consulate is better for this case........to get solved.
According to my old consultancy i will get 5 paystubs from old consultancy and 2 paystubs from new (H1-B)consultancy is it enough to go to consulate?
Raju
07-04 09:32 PM
My state in four lines
1) Came to US on F-1 Visa, never completed my masters
2) Shifted to H-1B and i have been with the same client and havent been to India for four years.
3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.
4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping
But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.
But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.
I had so many hoped on the current numbers . Any idea guys what can i do?
Dont panick man. Your should not have a problem with H1 stamping!
1) Came to US on F-1 Visa, never completed my masters
2) Shifted to H-1B and i have been with the same client and havent been to India for four years.
3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.
4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping
But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.
But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.
I had so many hoped on the current numbers . Any idea guys what can i do?
Dont panick man. Your should not have a problem with H1 stamping!
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chil3
08-24 12:40 PM
yes my date is eb3 jan 2007...I think this is part of the whole pre approval thing
I work for University since 2002 with very straightforward case hence suprised
ok..here is part 2.
Employer was able to speak to USICIS officer. He asked
whethere
1) I was contractor
2) from when I was employed
3) Work timings
4) exact office Location
my supervisor asked why all these questions about location and timing they said they will do a site visit
I feel if my app can trigger this than any other app could...
The USICs is just getting crazy with all the bueracacy crap
USCIS is not getting crazy ....It's preplanned well defined strategy to kick out immigrants ...first they choked the system so that everyone is stuck and now picking more & more people in the name of verification
I work for University since 2002 with very straightforward case hence suprised
ok..here is part 2.
Employer was able to speak to USICIS officer. He asked
whethere
1) I was contractor
2) from when I was employed
3) Work timings
4) exact office Location
my supervisor asked why all these questions about location and timing they said they will do a site visit
I feel if my app can trigger this than any other app could...
The USICs is just getting crazy with all the bueracacy crap
USCIS is not getting crazy ....It's preplanned well defined strategy to kick out immigrants ...first they choked the system so that everyone is stuck and now picking more & more people in the name of verification
more...
njboy
07-26 10:35 AM
according to what you typed-your priority date is june 2006..so if i were you, i wouldnt worry much about it..however, your lawyer is right that incase your company revokes your labor, you might be in trouble.
even if your i-140 gets approved, you'll have to start from scratch in the new company - ie, file a new labour, advertise, etc etc. only advantage is, you might be able to keep your priority date.
why dont you try this - wait for your i-140 approval, and ask your new company to file an h1 extension based on this. see if you get a 3 year extension. if you do, you are good to go
even if your i-140 gets approved, you'll have to start from scratch in the new company - ie, file a new labour, advertise, etc etc. only advantage is, you might be able to keep your priority date.
why dont you try this - wait for your i-140 approval, and ask your new company to file an h1 extension based on this. see if you get a 3 year extension. if you do, you are good to go
Janisaris
11-06 05:31 PM
Hi,
did u gout ur receipt notice. I am still wating on my receipt. I called USCIS yesterday still not there in the system.
Please let me know if u got ur receipt number.
any one else who are wating on receipt number who filed I-485 on july 2nd.
I am July 19th Filer. They did not have my information in the system till Oct 31st. But when I called this Monday I got my receipts as they were entered on Nov 1st. As per USCIS they are done receipting all the applications received in July- Aug.
You might want to call and create a service request.
did u gout ur receipt notice. I am still wating on my receipt. I called USCIS yesterday still not there in the system.
Please let me know if u got ur receipt number.
any one else who are wating on receipt number who filed I-485 on july 2nd.
I am July 19th Filer. They did not have my information in the system till Oct 31st. But when I called this Monday I got my receipts as they were entered on Nov 1st. As per USCIS they are done receipting all the applications received in July- Aug.
You might want to call and create a service request.
more...
raysaikat
05-30 01:22 PM
Hi,
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
The visa stamp on your passport does not determine your status once you are inside USA. Visa stamp on the passport is used just for entering the US. It is like a movie ticket. You will need the visa stamp on the passport only if you go out and need to come back again. The expiry date on the visa stamp simply means you cannot use that stamp to enter US after that date.
Once you are inside US, usually it is I-94 that determines how long you can stay. In the case of F1, usually I-94 says D/S, which means "Duration of Status" --- i.e., as long as your F1 status holds according to I-20, you are good. OPT is a part of F1. So as long as you do not stay beyond the date of OPT expiration, you are good.
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
The visa stamp on your passport does not determine your status once you are inside USA. Visa stamp on the passport is used just for entering the US. It is like a movie ticket. You will need the visa stamp on the passport only if you go out and need to come back again. The expiry date on the visa stamp simply means you cannot use that stamp to enter US after that date.
Once you are inside US, usually it is I-94 that determines how long you can stay. In the case of F1, usually I-94 says D/S, which means "Duration of Status" --- i.e., as long as your F1 status holds according to I-20, you are good. OPT is a part of F1. So as long as you do not stay beyond the date of OPT expiration, you are good.
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amsgc
06-30 07:26 PM
I like this thread - positive, reasonable, and makes sense.
more...
maddipati1
08-20 03:58 PM
i traveled to India and went for stamping when my PP was expiring within couple of months and got VISA stamped successfully and traveled back safely.
the initial screening officer at Chennai consulate commented with a smile 'you know, your passport is expiring in couple of months'. but the main immi officer didnt mention anything about it. this proves that there is no such law that says, u have to have a PP valid for six months.
but, when u r applying for a stamping appointment, the system says, 'its recommended to have a PP valid for at least six months'.
in your case i guess its just travel and no stamping involved and so u r in much better shape.
but, THIS WAS JUST MY EXPERIENCE. I WOULDN'T RELY ON THIS.
EVER SINCE I STRONGLY FEEL I WAS SUPER STUPID TO TAKE THAT KIND OF A RISK.
coz, i found out couple of things after wards :-)
in SFO consulate i could get PP in less than 7 business days. i guess urs is Chicago, so might not apply for u.
but, in India u can get new PP very fast under Tatkal scheme. do this,
be prepared with required dox and stuff before going there, ask ur relative/friend there to talk to local Tatkal officer to make it ready for ur PP renewal, soon as u land in India apply for PP renewal under Tatkal, u will get ur new PP before ur Jet lag is over. this leaves a buffer of ur vacation time, for contingencies.
finally, what GCCOVET said is absolutely right, u will get I-94 only until the expiry date of old PP. u would need to renew it again. not worth it. luckily i live close to border so i drove and came back to extend my I-94 after getting new PP.
the initial screening officer at Chennai consulate commented with a smile 'you know, your passport is expiring in couple of months'. but the main immi officer didnt mention anything about it. this proves that there is no such law that says, u have to have a PP valid for six months.
but, when u r applying for a stamping appointment, the system says, 'its recommended to have a PP valid for at least six months'.
in your case i guess its just travel and no stamping involved and so u r in much better shape.
but, THIS WAS JUST MY EXPERIENCE. I WOULDN'T RELY ON THIS.
EVER SINCE I STRONGLY FEEL I WAS SUPER STUPID TO TAKE THAT KIND OF A RISK.
coz, i found out couple of things after wards :-)
in SFO consulate i could get PP in less than 7 business days. i guess urs is Chicago, so might not apply for u.
but, in India u can get new PP very fast under Tatkal scheme. do this,
be prepared with required dox and stuff before going there, ask ur relative/friend there to talk to local Tatkal officer to make it ready for ur PP renewal, soon as u land in India apply for PP renewal under Tatkal, u will get ur new PP before ur Jet lag is over. this leaves a buffer of ur vacation time, for contingencies.
finally, what GCCOVET said is absolutely right, u will get I-94 only until the expiry date of old PP. u would need to renew it again. not worth it. luckily i live close to border so i drove and came back to extend my I-94 after getting new PP.
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PD_Dec2002
07-07 09:58 PM
Thanks for your reply. We just published the ad a week ago. Is that a big deal to revise now ? It went into computer world and stuff. I am not sure how difficult it would be.
Hence for this matter, I have another employer willing to file my LC this month. But I am thinking since I was not with them when they sent out the ad and requesting wage details, IS this something considered equivalent to LC subsitution if I join them and file my LC with already sent out ad ??
Your answer is highly important.
Thanks
I am not sure I understand what you are saying. But before you get flamed (and correctly so) by everyone, I just have one advice for you: "What goes around comes around".
Never, never ever do anything in life that will come back to haunt you. Dishonesty can only go so far...
Good luck.
Thanks,
Jayant
Hence for this matter, I have another employer willing to file my LC this month. But I am thinking since I was not with them when they sent out the ad and requesting wage details, IS this something considered equivalent to LC subsitution if I join them and file my LC with already sent out ad ??
Your answer is highly important.
Thanks
I am not sure I understand what you are saying. But before you get flamed (and correctly so) by everyone, I just have one advice for you: "What goes around comes around".
Never, never ever do anything in life that will come back to haunt you. Dishonesty can only go so far...
Good luck.
Thanks,
Jayant
more...
jsb
07-13 02:02 PM
I highly oppose calling those "Payed Services", but I am ok with "Paid Services" ;)
Like credit cards, it might be better to call them Gold Member services, or for high donation folks, Platinum Member services. "Paid" is used for a pre-determined service for a pre-determined price.
Like credit cards, it might be better to call them Gold Member services, or for high donation folks, Platinum Member services. "Paid" is used for a pre-determined service for a pre-determined price.
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smads
03-05 06:18 PM
Please help me out with my question.
My H1B Visa and I-94 thant came along with the paperwork is valid from 03/2006 thru 03/2009. this would be my 1st 3 years.
I reentered the country in 12/06 and my passport then was expiring by 05/07. So the immigration officer stamped the I-94 that i recieved in the flight, filled out the back of the card with my EAC # and Employer name and then wrote on the stamp
"H-1B
May-22-2007
(validity of ppt)"
i just saw this today 03/05/08....somebody please tell me they know what to do in this case....
1)should i leave the country and surrender it and pretend like nothing happened? would it be very risky?
2) should i inform my employer....i know they will freakout and ask me to stop working till this is sorted out
3) do i need to file for an extention?
4)do i need some sort of petition?
much appreciated
thanks,
smads
My H1B Visa and I-94 thant came along with the paperwork is valid from 03/2006 thru 03/2009. this would be my 1st 3 years.
I reentered the country in 12/06 and my passport then was expiring by 05/07. So the immigration officer stamped the I-94 that i recieved in the flight, filled out the back of the card with my EAC # and Employer name and then wrote on the stamp
"H-1B
May-22-2007
(validity of ppt)"
i just saw this today 03/05/08....somebody please tell me they know what to do in this case....
1)should i leave the country and surrender it and pretend like nothing happened? would it be very risky?
2) should i inform my employer....i know they will freakout and ask me to stop working till this is sorted out
3) do i need to file for an extention?
4)do i need some sort of petition?
much appreciated
thanks,
smads
more...
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mohitb272
12-10 06:54 PM
I was hired by my present company as a software engineer. I did development for 3 yrs and the company later moved me to a Business Analyst's role later. However, my labor application lists my job duties as s/w Engineer in a programmer's role.
Would I be able to use AC21? Do I need to find a s/w development job or can I join as BA as well? I am in a big predicament. Any help here is greatly appreciated.
Would I be able to use AC21? Do I need to find a s/w development job or can I join as BA as well? I am in a big predicament. Any help here is greatly appreciated.
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dummgelauft
10-05 01:36 AM
:p...I loved that you just gave a name....and then the choice of the name is just hilarious ! (not that it may not be a true name...but still!!!)
I am a law abiding up-standing Citizen of that country, and that stupid lady was asking me why am I going there. This is like asking somebody why they are going to their house. So, I just gave her a name...now that I look back, I should have said "Mr. Johnny Walker"..since I always pick up a Johnny Walker at the duty free!!..but Dhurandhar Bhadvadekar sounded much more cool...
I am a law abiding up-standing Citizen of that country, and that stupid lady was asking me why am I going there. This is like asking somebody why they are going to their house. So, I just gave her a name...now that I look back, I should have said "Mr. Johnny Walker"..since I always pick up a Johnny Walker at the duty free!!..but Dhurandhar Bhadvadekar sounded much more cool...
more...
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prinive
03-27 07:03 PM
:rolleyes:
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seahawks
07-26 08:42 AM
I was able to find this phrase, please check the context from the link provided.
"Where the beneficiary has been counted against the quota during the past six years, and never been out of the US for more than one year during the past six years, a petition is exempt."
http://www.hooyou.com/news/news060906h1b.html
"Where the beneficiary has been counted against the quota during the past six years, and never been out of the US for more than one year during the past six years, a petition is exempt."
http://www.hooyou.com/news/news060906h1b.html
more...
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kpkrind
05-05 11:04 AM
My spouse was on h1 earlier, she is now on h4, however her h1 petion is expiring in Oct'09. Lets suppose she gets a job offer in Feb'10, does she have to apply for a fresh H1 or can she convert to H1 on which she was working earlier? My question is how long will she not be counted against the quota?
Also, can any new employer file for her H1 or does it have to be a employer who has held her H1 previously?
Also, can any new employer file for her H1 or does it have to be a employer who has held her H1 previously?
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chanduv23
07-05 07:20 AM
Senthil1 - behaves like an anti immigrant sitting in this forum. Though at times he gets things right and in perspective, most times he is always supportive of the other side - with no logic or reasoning.
Senthil - do you get paid by numbersusa etc// :D :D :D :D
Does USCIS promise u fast citizenship if you do this???:D :D :D :D
Senthil - do you get paid by numbersusa etc// :D :D :D :D
Does USCIS promise u fast citizenship if you do this???:D :D :D :D
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srkamath
10-15 02:58 PM
If you have two jobs on hand, and your sponsoring employer keeps the offer for the future job open, then you can simply use your EAD for both jobs. What would you need the H1B for unless you have reasons to believe the I-485 will be denied?
If you wish to change employers, i.e. no longer take up the job with the employer who did your labor cert, then wait for 180 days after the receipt date of your I-485, find a " same or similar" job and use AC21 portability. - The AC21 law is kind of complex, most use the services of a (competent) lawyer.
If you wish to change employers, i.e. no longer take up the job with the employer who did your labor cert, then wait for 180 days after the receipt date of your I-485, find a " same or similar" job and use AC21 portability. - The AC21 law is kind of complex, most use the services of a (competent) lawyer.
diptam
11-13 03:37 PM
Jokes apart - I-485 is the actual step of converting someone to a real Permanent Resident.
You don't have to worry about your Skill sets , loads of paperwork - you can do everything that an American can do apart from Voting. Its not a administrative processing step like I-140.
If on a higher level the politicians feel that economy is bad , umeployment is rocketing up they would do nothing to speed up 485 , rather slow it down... They don't want an extra immigrant to stand in the line for Food stamp or unemployment benefits.
Makes sense ?
Is tehre is any way for PREMIUM PROCESSING for I485 pending case ?
In my case PD is current since years the I140 is approved. Backbround check etc is over. Confirmed by various sources that my case JUST needs to be picked up by IO.
I have somebusiness trips coming up. My employer want me to find out the way to get the GC faster that way there wont be any hassle for every year renewal od AP and also EADs. and then appplying VISAs which will expire along with teh AP last date.
Along with me my employer is also fed up now:p.
Our lawyer being stupid; the employer wants me to find out the way to expedite I485. Since it is in last stages I think theer could be quicker way.
I know there is the way WOM but is there any other way?:rolleyes:
You don't have to worry about your Skill sets , loads of paperwork - you can do everything that an American can do apart from Voting. Its not a administrative processing step like I-140.
If on a higher level the politicians feel that economy is bad , umeployment is rocketing up they would do nothing to speed up 485 , rather slow it down... They don't want an extra immigrant to stand in the line for Food stamp or unemployment benefits.
Makes sense ?
Is tehre is any way for PREMIUM PROCESSING for I485 pending case ?
In my case PD is current since years the I140 is approved. Backbround check etc is over. Confirmed by various sources that my case JUST needs to be picked up by IO.
I have somebusiness trips coming up. My employer want me to find out the way to get the GC faster that way there wont be any hassle for every year renewal od AP and also EADs. and then appplying VISAs which will expire along with teh AP last date.
Along with me my employer is also fed up now:p.
Our lawyer being stupid; the employer wants me to find out the way to expedite I485. Since it is in last stages I think theer could be quicker way.
I know there is the way WOM but is there any other way?:rolleyes:
nixstor
09-17 11:19 AM
I am not starting this thread to start get any offensive resposnes. I feel that we need to distinguish ourselves from the illegal people and make the American public aware of our issue. How many will understand our current situation by hearing our name? I understand that name change is not a simple process for an org and might involve some paperwork. The website redirection shouldnt be a big deal though. This is not the need of the hour as the core group might be busy working with QGA.
No offence intended, no flames expected :)
No offence intended, no flames expected :)