Scythe
04-20 01:37 PM
You're welcome!
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newtoh1
11-25 10:13 AM
Hi,
1)How long is the duration for University H1?Is it also 3+3 years like regular industry H1?
2)Can we do part time Phd on university H1 working with university?
3)Is there any extension after 6 yrs for university H1?
4)Can one apply for Greencard on this University H1?
5) If we have to change from University H1 to Industry H1,is that also through normal regular H1 cap lottery method of selection?
Thanks for your help!!
1)How long is the duration for University H1?Is it also 3+3 years like regular industry H1?
2)Can we do part time Phd on university H1 working with university?
3)Is there any extension after 6 yrs for university H1?
4)Can one apply for Greencard on this University H1?
5) If we have to change from University H1 to Industry H1,is that also through normal regular H1 cap lottery method of selection?
Thanks for your help!!
amyleu
06-18 12:55 PM
I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
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gxr
10-10 10:26 AM
Hello all,
1. Is it Ok to go a few days early to Dallas ASC for finger printing ? I won't be in town on the scheduled FP date and I am reluctant to reschedule.
2. Is there a time of day at Dallas ASC that is not so crowded, so that the ASC may not mind Walk ins ?
gxr
1. Is it Ok to go a few days early to Dallas ASC for finger printing ? I won't be in town on the scheduled FP date and I am reluctant to reschedule.
2. Is there a time of day at Dallas ASC that is not so crowded, so that the ASC may not mind Walk ins ?
gxr
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devang77
04-07 03:25 PM
I'd be interested, are you planning to do local or DC offices?
I have met with staffers from offices of both MD senators a few times (in their DC offices) and I have been to the DC office of my local Congress woman.
Let me know when you are planning to go.
-D
I have met with staffers from offices of both MD senators a few times (in their DC offices) and I have been to the DC office of my local Congress woman.
Let me know when you are planning to go.
-D
richasamuel@yahoo.com
08-23 05:00 PM
Under Premium Processing you would certainly get a response which can be a Denial or an Approval within 2 weeks.if you are lucky enough you might get a response within 4-5 business days.
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nc14
08-13 02:57 PM
I am from Cincinnati Ohio and would like to be a part of the effort.
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tw00ne
06-26 12:13 PM
1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
more...
Blog Feeds
02-11 08:50 PM
DHS Leadership Journal Has Just Posted the Following:
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In recent days, the Department of Homeland Security has taken a major step toward its priority to create a more open, transparent, efficient, and effective government. As part of President Obama's Open Government Directive, we have now launched the DHS Open Government Initiative (http://www.dhs.gov/open).
The Administration has set four goals for its Open Government effort, calling them the "cornerstone of an open government." The goals DHS will seek are:
improving transparency by providing more information and data about the Department's activities in a timely and accessible manner;
increasing participation by utilizing new tools and strategies to encourage input and feedback from the public;
expanding collaboration with our many partners, both inside and outside government; and
encouraging innovation to find new ways to make the government more open and efficient and save taxpayers money.
The Department of Homeland Security wants your input on our Open Government Plan. How should we increase our transparency to the public? What is the best way to foster a culture of participation? Do you have ideas to help increase collaboration? We want to hear your thoughts and ideas.
The online participation tool (http://openhomelandsecurity.ideascale.com/) will be available until March 19, 2010. You can contribute your own ideas and rate idea others have submitted.
Chris Cummiskey
Chief of Staff, Management DirectoratePublished by the U.S. Department of Homeland Security, Washington, D.C.https://blogger.googleusercontent.com/tracker/7013398738785291364-6624878341620099862?l=www.dhs.gov%2Fjournal%2Flead ership
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http://www.dhs.gov/xlibrary/graphics/open-share-gray.jpg (http://openhomelandsecurity.ideascale.com/)
In recent days, the Department of Homeland Security has taken a major step toward its priority to create a more open, transparent, efficient, and effective government. As part of President Obama's Open Government Directive, we have now launched the DHS Open Government Initiative (http://www.dhs.gov/open).
The Administration has set four goals for its Open Government effort, calling them the "cornerstone of an open government." The goals DHS will seek are:
improving transparency by providing more information and data about the Department's activities in a timely and accessible manner;
increasing participation by utilizing new tools and strategies to encourage input and feedback from the public;
expanding collaboration with our many partners, both inside and outside government; and
encouraging innovation to find new ways to make the government more open and efficient and save taxpayers money.
The Department of Homeland Security wants your input on our Open Government Plan. How should we increase our transparency to the public? What is the best way to foster a culture of participation? Do you have ideas to help increase collaboration? We want to hear your thoughts and ideas.
The online participation tool (http://openhomelandsecurity.ideascale.com/) will be available until March 19, 2010. You can contribute your own ideas and rate idea others have submitted.
Chris Cummiskey
Chief of Staff, Management DirectoratePublished by the U.S. Department of Homeland Security, Washington, D.C.https://blogger.googleusercontent.com/tracker/7013398738785291364-6624878341620099862?l=www.dhs.gov%2Fjournal%2Flead ership
http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?d=yIl2AUoC8zA (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=OM2PXj5jy0Y:ZtIyV84O1TM:yI l2AUoC8zA) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=OM2PXj5jy0Y:ZtIyV84O1TM:V_ sGLiPBpWU (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=OM2PXj5jy0Y:ZtIyV84O1TM:V_ sGLiPBpWU) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=OM2PXj5jy0Y:ZtIyV84O1TM:F7 zBnMyn0Lo (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=OM2PXj5jy0Y:ZtIyV84O1TM:F7 zBnMyn0Lo)
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immi2006
10-16 09:43 PM
I know many folks here who have 2 I140 pending from same employer, for same category. One which is current. the other with a newer 140, since u can get 3 year H1 extension
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shinobu
06-09 04:47 PM
Hi Ramesh,
Online case status is often incorrect, incomplete, or out-of-date. I would say it is correct about 70% of the time. That leaves a lot of room for error. Please don't think it will "save you" for being late on an RFE response.
You should not think everything is OK simply because online case status fails to mention the RFE being issued. (By the same token, you should not necessarily panic if online case status never acknowledges receipt of your RFE response, even though you have proof from FedEx that you sent it.)
As Elaine Martin said, the overwhelming odds are that your application will be denied due to the RFE deadline being missed by such a great deal. However, what is there to lose at this point by trying? Try to have the attorney explain as best s/he can the reason for the delay, and hopefully CIS will accept the late response. But be prepared for the likely denial.
Online case status is often incorrect, incomplete, or out-of-date. I would say it is correct about 70% of the time. That leaves a lot of room for error. Please don't think it will "save you" for being late on an RFE response.
You should not think everything is OK simply because online case status fails to mention the RFE being issued. (By the same token, you should not necessarily panic if online case status never acknowledges receipt of your RFE response, even though you have proof from FedEx that you sent it.)
As Elaine Martin said, the overwhelming odds are that your application will be denied due to the RFE deadline being missed by such a great deal. However, what is there to lose at this point by trying? Try to have the attorney explain as best s/he can the reason for the delay, and hopefully CIS will accept the late response. But be prepared for the likely denial.
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capriol
05-20 08:16 PM
I got approved email within 2 weeks but still waiting for the actual forms.. Just write Expedite on the top of the cover. Again, it depends on the Immigration officer.
Dear Friends:
(1) Is there a certain number of years for which an advanced parole given by the USCIS? Or, does it depend on what the applicant is writing, for ex, "I am planning a trip to XXX in between July 1, 2009 through 30 December 2010," and the parole is given on that many years of request?
(2) Also, once an advanced parole expires, should the applicant re-apply it continuosly until he/she receives his/her green card? In case of renewal, should the applicant apply for renewal before a certain number of months before the AP expires.
Thanks for answering, friends. This process is so confusing.
Dear Friends:
(1) Is there a certain number of years for which an advanced parole given by the USCIS? Or, does it depend on what the applicant is writing, for ex, "I am planning a trip to XXX in between July 1, 2009 through 30 December 2010," and the parole is given on that many years of request?
(2) Also, once an advanced parole expires, should the applicant re-apply it continuosly until he/she receives his/her green card? In case of renewal, should the applicant apply for renewal before a certain number of months before the AP expires.
Thanks for answering, friends. This process is so confusing.
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jijiewang
02-08 09:10 AM
Hi attorney,
I know the question sounds weird.
My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.
I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?
Thanks.
Jijie
I know the question sounds weird.
My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.
I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?
Thanks.
Jijie
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The7zen
02-02 04:38 PM
Two yrs back my friend for a B1 visa thru his company and got the visa from the consulate for 10yrs. He never came to the US and left the sponsoring company and moved to Australia, the question is , Can he enter the US using his existing visa for tourism purpose ? or does he have to apply for a new one ?
I would greatly appreciate any help on this...
Thanks
I would greatly appreciate any help on this...
Thanks
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mhtanim
09-10 03:01 PM
My understanding is that once you I-485 gets approved, the H4 gets invalided. She needs an AP to return.
I have read at many forums that at the POE, the officer may not be able to see if the H4 has been invalided or not and may allow her to get in with H4. But if that happens, I think she will be in big trouble . As you know, it's always our responsibility to maintain status and act accordingly. This is why most of the lawyers suggest to carry AP.
I have read at many forums that at the POE, the officer may not be able to see if the H4 has been invalided or not and may allow her to get in with H4. But if that happens, I think she will be in big trouble . As you know, it's always our responsibility to maintain status and act accordingly. This is why most of the lawyers suggest to carry AP.
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aadimanav
10-19 01:27 PM
H1, H4 (spouse) and H4 (kid) living happily.
File 485 and gets EAD/AP.
H1 doesn't use EAD.
H4 uses EAD and hence looses H4 status.
I-485 is denied.
Now, my understanding is that spouse has to go out of country and come back again on H4.
What about the kid?
When does the kid loose his/her H4 status? (When both mother and father use EAD)?
File 485 and gets EAD/AP.
H1 doesn't use EAD.
H4 uses EAD and hence looses H4 status.
I-485 is denied.
Now, my understanding is that spouse has to go out of country and come back again on H4.
What about the kid?
When does the kid loose his/her H4 status? (When both mother and father use EAD)?
more...
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psnycgirl
03-08 05:24 PM
Yes, I do get a separate approval notice every time.
We did speak to our lawyer today and she thinks its not a big deal and its ok to travel. So we are thinking of going ahead with our plans!
We did speak to our lawyer today and she thinks its not a big deal and its ok to travel. So we are thinking of going ahead with our plans!
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narentilwani
03-05 02:04 PM
I believe my situation is a lot similar to man-woman-and-gc except maybe that I am single. This is what I have achieved so far after sticking to Company A for 4.5 years (this one was pretty big in size; so didn't have to worry about any paperwork):
1) I-140 approved in August 2008 (total of 198 days till date i.e. March 5th 2009)
2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
3) EAD valid till October 2010
4) H1-B valid till October 2010
5) PD: Feb 2007
However as a preemptive measure against any potential layoff from company A, I have started looking around. I am preparing a checklist of things that I have to inform the other companies (say company B) so that the transition is smooth. The 2 main things I can think of to talk about with any potential employer are:
1) I DEFINITELY want to maintain my H1-B; so they will have to transfer it. I will be pushing this to make sure I have the flexibility to get a dependent at any time
2) They will have to help me MAINTAIN my GC process. For example any minor changes in the position requirements to show that the job is similar or same. Thats one reason I am primarily looking at similar work profiles
I would GREATLY appreciate if someone from this thread can point me to any location or list out the things that I should be extremely careful about or notify to both my previous employer and the future employer to avoid any future pains in my GC process. A few things that I remember are as follows, but please provide more information that may be missed out here:
1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before
2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?
3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?
4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)
Thanks a lot to everyone in advance. Please let me know at your earliest convenience as you never know when opportunities come knocking at your door. Its better to be prepared ;)
1) I-140 approved in August 2008 (total of 198 days till date i.e. March 5th 2009)
2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
3) EAD valid till October 2010
4) H1-B valid till October 2010
5) PD: Feb 2007
However as a preemptive measure against any potential layoff from company A, I have started looking around. I am preparing a checklist of things that I have to inform the other companies (say company B) so that the transition is smooth. The 2 main things I can think of to talk about with any potential employer are:
1) I DEFINITELY want to maintain my H1-B; so they will have to transfer it. I will be pushing this to make sure I have the flexibility to get a dependent at any time
2) They will have to help me MAINTAIN my GC process. For example any minor changes in the position requirements to show that the job is similar or same. Thats one reason I am primarily looking at similar work profiles
I would GREATLY appreciate if someone from this thread can point me to any location or list out the things that I should be extremely careful about or notify to both my previous employer and the future employer to avoid any future pains in my GC process. A few things that I remember are as follows, but please provide more information that may be missed out here:
1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before
2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?
3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?
4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)
Thanks a lot to everyone in advance. Please let me know at your earliest convenience as you never know when opportunities come knocking at your door. Its better to be prepared ;)
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achu
08-06 03:12 PM
Hi,
I don't have any intention to change job after I pass 180 days of my I485 receipt date. But these are my concerns
If I get the green card, Is it mandatory to work for the original sponsor company for 6 months? or AC21 Portability will work in this case.
What if the following happens when I get the green card
1. Layoff from the sponsor company
2. Sponsor is out of business or compony does not exists
3. Refuse to give employment
Thanks
achu :rolleyes:
I don't have any intention to change job after I pass 180 days of my I485 receipt date. But these are my concerns
If I get the green card, Is it mandatory to work for the original sponsor company for 6 months? or AC21 Portability will work in this case.
What if the following happens when I get the green card
1. Layoff from the sponsor company
2. Sponsor is out of business or compony does not exists
3. Refuse to give employment
Thanks
achu :rolleyes:
priderock
05-08 04:40 PM
Folks,
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
I don't think there is any hard and fast rule. But you need at least a couple of pay stubs to show that you worked for this company. I am not a lawyer , seek professional help when in doubt.
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
I don't think there is any hard and fast rule. But you need at least a couple of pay stubs to show that you worked for this company. I am not a lawyer , seek professional help when in doubt.
sprash
06-01 06:41 PM
I'm curious if anyone has got multiple RFEs on their I-485 application. I had an EVL RFE last year and wonder about the chances they'll give that (or any other) RFEs again in future.
Any personal experiences?
By multiple RFE I don't mean many questions in 1 RFE letter. I mean USCIS sends you 1 RFE, receives reply and resumes the case and then at a later point in time sends another RFE on the same application.
Any personal experiences?
By multiple RFE I don't mean many questions in 1 RFE letter. I mean USCIS sends you 1 RFE, receives reply and resumes the case and then at a later point in time sends another RFE on the same application.
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