Wednesday, June 8, 2011

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  • chunky
    07-27 08:49 AM
    Can we leave country and apply for H4 visa at US embassy.
    Will I 485 be abandoned with it.

    Thanks
    To travel out of the US when a 485 is pending,

    1. You should have AP or

    2. A valid H-1, H-4 or L-1, L-2 stamp on the passport + 485 receipt

    So in your case, you have to wait until you either get the AP or the H-4 change is effective. Until then, you cannot travel.





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  • felix31
    02-12 05:41 PM
    both H1 and H4 extension are filed together regularly.

    However, the need now arises to upgrade both to premium processing.

    Attorney claims I can only get H1 under premium and if processing center wants they will process H4 under premium as well.

    But I cannot find this memo that speaks of premium processing being available for I-539 applications as well. It happened sometime last year.

    Anyway, thanks for all replies. I'll keep digging....





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  • qualified_trash
    11-14 08:01 PM
    My RIR is rejected. My LC is still pending.
    My lawyer says it is moved to TR queue

    If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain

    as it is clear from this post of yours, and reading your first post again, your LC conversion from regular LC to a RIR LC was rejected. does not mean your LC has been rejected and it definitely means that you do retain your PD.

    while it is certainly painful for you, it definitely is not as bad as our reaction to your first post made it out to be...... so hang in there!!





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  • dixie
    11-06 01:33 AM
    No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.

    So then only these four categories count as "Non Cap H1Bs"?

    Can anyone shed more light on any other categories that qualify as non cap?

    Thanks



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  • aranya
    07-03 05:30 PM
    Who told you that you can not return when H1 transfer is pending? As long as H1B with company B was filed prior to canceling H1 from company A and H1B from company B is a bonafide job that assures H1b status, you can enter with the receipt notice itself, no need to wait for approval.

    If you have to know, my company lawyer when my then H1B was currrent but expiring in a few days and extension of H1B was pending. My proposed travel was for a week-long conference in Canada.

    You might have had a different experience and these forums are for sharing our experiences to help each other :)





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  • raju6855
    02-02 08:31 AM
    Its been over 3 weeks since my wife have H4 interview and the passport is still under "admin processing". This week her AP came and I have mailed it to her and now we want to get the passport back and travel on AP.

    Now if anyone knows or done the process of getting the passport back from Delhi Consulate, can they please explain?

    Thx



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  • hmehta
    09-12 07:20 PM
    Yes, you can take "Leave without pay" - you will not be out of status. Even if you are not getting paid you still are on company payroll.

    As someone suggested earlier, if a woman on H1-B is pregnant, she can surely take maternity leave without going out of status.





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  • fromnaija
    12-09 04:09 PM
    According to my attorney, you can re-apply for AP from outside of the U.S. and have it delivered to a local consulate.

    I will not argue with what your lawyer tells you.

    However, because Form I-131 is used for multiple purposes, some of the instructions are applicable to one condition and not to the other. So read the instruction again and you will see that some of the references to sending the document to overseas consulate refers to when it's used as a Reentry Permit, Refuge Travel Document, or as Advanced Parole for humanitarian reasons. For someone who applied for AOS, sorry no such luck.



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  • boston_gc
    02-23 09:53 PM
    I am not sure if BS (3 yrs) + MCA is considered to be equivalent to MS or not. But if it is, then you can definitely file for EB2 (MS +0). However, your company will need to have a job that requires these qualifications.

    Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.

    I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.

    Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...





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  • webm
    01-23 10:19 AM
    Sounds great..esp TSC dates.



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  • Redeye
    12-19 08:26 PM
    Abhjitp thanks for your reply.





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  • adobe howm
    09-02 01:52 PM
    Oh man!!!! Why are you so worried? As long as you did the right thing thats all it matters. Since you also have a confirmation number, why worry?

    You are freaking out UNNECESSARILY.

    This reminds ne of the hindi saying " aa bail mujhe maar"
    Literal translation: Hey bull, come and hit me.
    :D:D:D:D:D

    My Friend it does matters - Here is why - Although I changed my address online & got confirmation number every time I moved to different place - what happened was the RFE issued on my case was addressed to the place where I filed my application. Since then I moved to two different places and every time I moved I did update my address online promptly. Since RFE was posted to the old address as a result of the mail was fwd to all places where I lived in the past and finally delivered to my current address. Thanks to online status that I came to know RFE was issued on case with deadline. I received the RFE letter just about 3 days to respond. When we talked to CIS CSR about this the answer was that the IO who worked on my case got old address that was mentioned on my application itself and did not refer the address change made online. With help of my employer and attorney we were able to respond within the deadline date. I would call them and make sure the correct address and ask for confirmation letter from CIS. Hope this helps!



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  • IneedAllGreen
    11-30 06:38 PM
    Glad to know that your appeal process got approval for I-140 petition. I am desperate to get my I-140 petition approved from USCIS. Please give me some detail of your case and when did you filed Notice of appeal and when did you received your response for appeal?

    Thanks

    Did you try to appeal the denial ??
    Mine was denied for the same reasons (denied no rfe) and my lawyer appealed and it worked and I-140 approved.

    Try to see if you can appeal. If I am not wrong you can appeal within 30 days of denial.





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  • sumansk
    10-24 06:08 PM
    Hello guys ,
    any idea why I cannot find the receipt numbers and its statis on the uscis web site.I obtained the receipt numbers from the back of the cheques that they cashed..
    thanks in advance



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  • ski_dude12
    12-22 12:27 PM
    Please contribute to IV.

    I am having tough time in getting an appointment with my local Representative and let them know what out problems are. And now this DEC bulletin is making my head spin.
    ---may be this bulletin will push me more in getting just an appointment--
    :cool:God bless America:cool:





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  • hitch
    07-13 07:37 PM
    Hi Dear ,
    I got an ofer from boeing I saw expert comments on this forums,I appreciate if u guys help me out in this matter .I recieved an offer letter from Boeing but when HR asked me about the Export control status then she told me to have a GC or Citizen for clearence infact the position for which i got an offer letter was in comercial planes and it has nothing to do with security infact no security clrence (Exempt) is required.
    could you please let me that is there any chance i can move fwdand and tell the HR about my case again .please respond to this

    thx for ur help.

    Hitch



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  • gchopefull
    10-02 03:39 PM
    r u telling me that other company can apply for perm and I dont have to work for them? is it really possible? i always thought that you have be h1 for the company and then only they can apply for your perm. can a company apply for perm without transfering h1?
    thanks





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  • GotGC??
    03-27 02:09 PM
    You missed the sarcasm, never mind :)

    Yes, depending on how the educational requirements in your LC is worded - I mean right down to the last word - it just might leave you with some room for manoeuvre.

    Yes. I have paid quite amount of money to fill the PERM application.
    So, what you are saying that I actually can continue the process?





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  • satishku_2000
    01-07 07:05 PM
    Employers can withdraw the 140 , It could result in NOID for 485 . Please be prepared to respond to NOID.

    By law you may be in safe area but please be prepared with all the required documents to respond a potential NOID.





    alapkd
    09-01 01:49 AM
    good but sad article, thanks for posting.





    transpass
    07-16 10:19 AM
    I checked with the lawyer's office regarding levels I, II, II and IV on labor certification...The thing that determines EB2 and EB3 is what is written on the approved I-140.

    For example, if it says 'Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2)' it is EB2. So it's what's checked in when u file your 140, and what it is approved for.

    As far as levels I, II, III and IV are concerned, it does not matter regarding adjudication. The thing that only matters is either EB2 or EB3 (which is based on 140 approval as mentioned above) for Indians and Chinese in this case...



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