RanchCharm
07-17 07:14 PM
Hi All,
I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.
My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?
I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?
Please advise.
Thanks,
Nachi
I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.
My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?
I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?
Please advise.
Thanks,
Nachi
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vbkris77
04-22 11:20 PM
First of all, this is a wrong forum to went our your points about illegals.. We in IV encourage a legal immigration. But the moment we start excluding people, the list can go on and on.. You start with so called illegasl today (with due sympathy for using that word..), but this exclusion will go on to legals, new doctors, engineers willing to come, settle and work in USA. Remember this is a land of immigrants. If you have any doubt, just look at the new bills introduced by senators to effectively kill H1B program the only legal option for most educated to come to US.
Lets for instance say we want everyone to go back to their own countries.. Where do you want to draw that line to go back, 1980?, 1900? how about 1600??
Grow up and learn to innovate new ways to get employed and live a happy life. Don't try to ruin the very foundation on which this country is built. Trust me there are more patriots in this forum than you could imagine..
Lets for instance say we want everyone to go back to their own countries.. Where do you want to draw that line to go back, 1980?, 1900? how about 1600??
Grow up and learn to innovate new ways to get employed and live a happy life. Don't try to ruin the very foundation on which this country is built. Trust me there are more patriots in this forum than you could imagine..
miguy
03-16 09:16 AM
well, the connection is that if you get the Statement of Need from Canada, you can go to Canada to satisfy the 2 years j1-home residency requirement. While, if you get the SON from India, you would have to go to India. You have talked about plan B in your earlier post, I am a Canadian Citizen and my wife a Canadian PR(we live in Canada). So, if she gets a residency on J1, the worst is that she could come to Canada to satisfy the 2 yr requirement.
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brb2
08-10 11:28 AM
I have copied the information from the link below. It clearly states DOS checks background overseas and DHS ensures the person entering is the same person who was issued the Visa. So, my point is that DHS is only responsible for conducting background checks for EB/N400 applicants only. Anyway we will know later today. Hopefully something good news after the chaos in the stock market:)
"In many cases, US-VISIT begins overseas, at the U.S. consular offices issuing visas, where visitors� biometrics (digital fingerscans and photographs) are collected and checked against a database of known criminals and suspected terrorists. When the visitor arrives at the port of entry, we use the same biometrics � digital fingerscans � to verify the person at our port is the same person who received the visa."
Isnt this already in place in the form of US Visit (http://www.dhs.gov/xtrvlsec/programs/editorial_0525.shtm)
"In many cases, US-VISIT begins overseas, at the U.S. consular offices issuing visas, where visitors� biometrics (digital fingerscans and photographs) are collected and checked against a database of known criminals and suspected terrorists. When the visitor arrives at the port of entry, we use the same biometrics � digital fingerscans � to verify the person at our port is the same person who received the visa."
Isnt this already in place in the form of US Visit (http://www.dhs.gov/xtrvlsec/programs/editorial_0525.shtm)
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Raju
06-13 09:00 AM
Hi
I have given up hopes of getting an H-1B through the Master's quota. I applied on April 4. So there are no hopes anyway.
Now how can one get an H-1B through a non-profit organization. My understanding of this process is not very clear. I was under the impression (wrong impression!!) that if I can get a job at a Non-Profit place through a consulting company(I am an employee of the consulting company and not the Non-Profit org) and because my workplace is at a non-profit organization, I can get an H-1B that qualifies as one that belongs to the Non-Profit H-1B category.
Please clarify. I am trying to understand this clearly.
Thanks very much
I dont think this will fly. This is a stretch. There is nothing to understand here. Claerly, you are an employee of consulting firm, which is a for profit organisation. Your H-1B is filed by the consulting company and not the non-profit organisation.
I have given up hopes of getting an H-1B through the Master's quota. I applied on April 4. So there are no hopes anyway.
Now how can one get an H-1B through a non-profit organization. My understanding of this process is not very clear. I was under the impression (wrong impression!!) that if I can get a job at a Non-Profit place through a consulting company(I am an employee of the consulting company and not the Non-Profit org) and because my workplace is at a non-profit organization, I can get an H-1B that qualifies as one that belongs to the Non-Profit H-1B category.
Please clarify. I am trying to understand this clearly.
Thanks very much
I dont think this will fly. This is a stretch. There is nothing to understand here. Claerly, you are an employee of consulting firm, which is a for profit organisation. Your H-1B is filed by the consulting company and not the non-profit organisation.
atlfp
04-17 09:50 AM
I think you are confusing it with administrative laws. Legislator makes laws, but they also give power to different government agencies to make laws within their administrative authority. Laws made by legislator go into effect as soon as the president signs it; Laws made by administrative agencies need to go into the whole federal register and other procedures.
I just cannot recollect where I had read that the law has to be published somewhere and there is 90 days delay (when someone can comment if necessary) and only then it becomes a law. I could be absolutely wrong though
Also, Sessions was able to get an amendment passed last time since SJC was in a tearing hurry. That might not be the case this time and they might want to implement this bill soon to 'stem the flow across the borders'. Personally I cannot wait for some new bill to take effect.
I really wish that you are right about the first point and I am right about the second ;-)
I just cannot recollect where I had read that the law has to be published somewhere and there is 90 days delay (when someone can comment if necessary) and only then it becomes a law. I could be absolutely wrong though
Also, Sessions was able to get an amendment passed last time since SJC was in a tearing hurry. That might not be the case this time and they might want to implement this bill soon to 'stem the flow across the borders'. Personally I cannot wait for some new bill to take effect.
I really wish that you are right about the first point and I am right about the second ;-)
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deletedUser459
06-11 08:52 PM
it would be more fun if we vote for the ones we don't like
2010 MUSIC NEWS: LIL WAYNE#39;S THA
girijas
06-13 04:17 PM
It's suprisingly difficult to get people to make calls - most of them think it is silly or wrong to lobby, when the fact of the matter is that, the louder ones are those who get heard - not necessarily the ones who have a stronger case :(
Anyway, since it has been some time since I made the calls myself, I will go ahead and make the calls again. I guess others who have called before can do the same.
Anyway, since it has been some time since I made the calls myself, I will go ahead and make the calls again. I guess others who have called before can do the same.
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fundo14
02-19 12:36 PM
Hi All,
I wanted to share my experience at the port of entry using AP.
Just to give a quick background me and my wife have been working on H1 for last 8 years, we both were working on our H1’s at the time of leaving for vacation one month back.
Our 485/EAD/AP was filed on July 2nd, 2007; my wife is a Primary Applicant.
We have our 485 receipts/ approved EAD’s and AP’s with us.
Also, our H1 Petition’s are valid till 2010 but the stamping on passport is expired, we did not get stamping in India as we intended to enter using AP
At the Port of entry this is how it went:
Officer: Very rudely asked for our passports & I-94
We gave him our Passports, I-94 forms and Original AP’s
Officer: What’s the purpose of your visit?
Our Answer: To join back at our respective work.
Officer: Work? Who’s the primary applicant?
My answer: My wife
Officer: Then how the hell you will work here, you cannot work here, only your wife can work as the petition is on her name, you are a derivative.
My answer: But I have work Authorization (showed our EAD cards)
Officer: That’s all bullhshit, does not mean anything…you can not work here.
My answer: I politely told him that sir when we left country a month ago we both were working on H1’s, now we are seeking entry on AP.
Officer: yeh but don’t do fraud, you cannot work here (Very rudely)...who told you that you can work here.
My Answer: Again I explained politely- Sir, we filed for 485 which made us eligible to get EAD’s, showed him the EAD card again (which clearly states “Authorized to work in US till validity of this card” Our EAD’s are valid till end of 2008)
Officer: listen don’t teach me law, I have been working here for “x” number of years, and you think you know laws better than me.
After this I and my wife decided to keep quite as that moron was not ready to listen and understand anything.
Officer (rudely): I will set this straight for you…then we were asked to follow him in a separate room. Many people were waiting there I guess most of them using AP
The Officer went to one other custom officer there and pointed towards us and explained him something which we could not hear.
We waited � an hour till our named was called…I was worried that they will now create lot problems for us but to my surprise we were just handed our Passports along with AP’s / I-94 stamped as “AOS” and told you are all set... Absolutely No questions asked.
I am worried if he has entered some nasty remarks on my case…not sure.
Now this entire incident makes me wonder what that officer was talking about, my guess is one of the following:
1. He assumed throughout that my wife is entering on H1 and I on H4
2. Or he did realize his mistake but was too egoistic to accept it.
3. Or he was right and I was wrong about working on EAD (being derivative)...am I missing something here??
One of my suggestion from all this experience is that anybody entering on AP always state the purpose of visit is to “Resume pending AOS”
In last 8 years I have re-entered US like 6 times but never faced such a rude Immigration officer or have been treated like this.
Guru’s please advice if there is a possibility to reinstate our status as H1, we would rather work on H1 then on EAD’s
Thanks!
I wanted to share my experience at the port of entry using AP.
Just to give a quick background me and my wife have been working on H1 for last 8 years, we both were working on our H1’s at the time of leaving for vacation one month back.
Our 485/EAD/AP was filed on July 2nd, 2007; my wife is a Primary Applicant.
We have our 485 receipts/ approved EAD’s and AP’s with us.
Also, our H1 Petition’s are valid till 2010 but the stamping on passport is expired, we did not get stamping in India as we intended to enter using AP
At the Port of entry this is how it went:
Officer: Very rudely asked for our passports & I-94
We gave him our Passports, I-94 forms and Original AP’s
Officer: What’s the purpose of your visit?
Our Answer: To join back at our respective work.
Officer: Work? Who’s the primary applicant?
My answer: My wife
Officer: Then how the hell you will work here, you cannot work here, only your wife can work as the petition is on her name, you are a derivative.
My answer: But I have work Authorization (showed our EAD cards)
Officer: That’s all bullhshit, does not mean anything…you can not work here.
My answer: I politely told him that sir when we left country a month ago we both were working on H1’s, now we are seeking entry on AP.
Officer: yeh but don’t do fraud, you cannot work here (Very rudely)...who told you that you can work here.
My Answer: Again I explained politely- Sir, we filed for 485 which made us eligible to get EAD’s, showed him the EAD card again (which clearly states “Authorized to work in US till validity of this card” Our EAD’s are valid till end of 2008)
Officer: listen don’t teach me law, I have been working here for “x” number of years, and you think you know laws better than me.
After this I and my wife decided to keep quite as that moron was not ready to listen and understand anything.
Officer (rudely): I will set this straight for you…then we were asked to follow him in a separate room. Many people were waiting there I guess most of them using AP
The Officer went to one other custom officer there and pointed towards us and explained him something which we could not hear.
We waited � an hour till our named was called…I was worried that they will now create lot problems for us but to my surprise we were just handed our Passports along with AP’s / I-94 stamped as “AOS” and told you are all set... Absolutely No questions asked.
I am worried if he has entered some nasty remarks on my case…not sure.
Now this entire incident makes me wonder what that officer was talking about, my guess is one of the following:
1. He assumed throughout that my wife is entering on H1 and I on H4
2. Or he did realize his mistake but was too egoistic to accept it.
3. Or he was right and I was wrong about working on EAD (being derivative)...am I missing something here??
One of my suggestion from all this experience is that anybody entering on AP always state the purpose of visit is to “Resume pending AOS”
In last 8 years I have re-entered US like 6 times but never faced such a rude Immigration officer or have been treated like this.
Guru’s please advice if there is a possibility to reinstate our status as H1, we would rather work on H1 then on EAD’s
Thanks!
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ivvm
03-24 04:20 PM
Mark, This was indeed excellent!
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Karthikthiru
08-01 11:16 PM
We all have to keep assuming like this only. The only way is to lobby and increase the the VISA numbers per year. So we all should show up on the Sep 13th rally and show our strength
Karthik
Karthik
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BornToWin
02-23 07:03 PM
How please?
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mihird
02-24 02:19 PM
Visa stamping is not necessary to remain in the US so wondering why a CPA would consider this a necessary work expense.
My CPA had itemized my wife's travel expenses for H1-B stamping on the 2006 return. Here's the logic for justifying the travel to get the visa stamped.
The H4->H1-B change of status is truly a change of intent, and traveling back to your home country and re-entering with a proper visa within a reasonable time after the change of status is what most immigration attorneys will advise.
GC expenses, however should not be claimed. H1-B is needed for the job, GC is not...
There are instances of people have trouble re-entering if they had not got their H1-B visa stamped in a timely manner after the change of status...
My CPA had itemized my wife's travel expenses for H1-B stamping on the 2006 return. Here's the logic for justifying the travel to get the visa stamped.
The H4->H1-B change of status is truly a change of intent, and traveling back to your home country and re-entering with a proper visa within a reasonable time after the change of status is what most immigration attorneys will advise.
GC expenses, however should not be claimed. H1-B is needed for the job, GC is not...
There are instances of people have trouble re-entering if they had not got their H1-B visa stamped in a timely manner after the change of status...
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anandrajesh
05-04 01:56 PM
wellwishergc..
looks like u have some more knowledge in these matters. My ex employer got a 45day letter filed in Oct2003 EB2 case. they replied to go ahead with the case. When the labor approves and in a scenario, that employer has no project at the point of time to hire me back, can he file my 140 and then the 485...??
That employer is not a consulting company and thus needs a position for me and is a big-big company. If I request them they will file the 140, but will taht be okay if I am not working at that time...??
thx
Yes, you dont have to be employed by the company to file for I-140. They can do GC as a "Prospective Employee" & for "future employment". The only downside to that is they look at lot of company's details, like ability to pay, returns for the last few years and so on. But if your company is a big company that shldnt be an issue.
looks like u have some more knowledge in these matters. My ex employer got a 45day letter filed in Oct2003 EB2 case. they replied to go ahead with the case. When the labor approves and in a scenario, that employer has no project at the point of time to hire me back, can he file my 140 and then the 485...??
That employer is not a consulting company and thus needs a position for me and is a big-big company. If I request them they will file the 140, but will taht be okay if I am not working at that time...??
thx
Yes, you dont have to be employed by the company to file for I-140. They can do GC as a "Prospective Employee" & for "future employment". The only downside to that is they look at lot of company's details, like ability to pay, returns for the last few years and so on. But if your company is a big company that shldnt be an issue.
more...
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superdude
07-17 10:41 PM
you are OK
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BPforGC
10-16 03:21 PM
It really depends on the situation. When your pay stub comes from a different state and your employer is in a different state, your H1B is transferred to a different employer than someone who originally filed your I-140... changing employers... using EAD for a different job than what you claimed in your labor... can amount to more scrutiny. Before you get your green card, they want to make sure you still work in the same area or job that you claimed in your I-140. Hence, big shifts in profile should be avoided.
H1B renewal with same employer, EAD using for identical job with a different employer, AP shouldn't be a problem since some of them are typically considered interim immigration benefits.
H1B renewal with same employer, EAD using for identical job with a different employer, AP shouldn't be a problem since some of them are typically considered interim immigration benefits.
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ita
01-23 03:15 PM
Did you mean the perosn filling the form or people visiting (between 15-55 years of age?)
I finished D156 but didn't show 157 form
Thank you.
I finished D156 but didn't show 157 form
Thank you.
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Suva
08-14 11:14 AM
Why are you taking all the H1s into the calculation? This only applies to companies which has more than 50% H1 employees. So it does not apply to all the companies.
I dont agree with the laws passed, but here is the math to come up with the $600 million figure they are quoting.
# of possible H1Bs = 85k (65k + 20k)
Fees (additional) = $2000
Total Fees = $170 million ($2k x 85k)
The fee increase is for 4 years = (2010-2014)
GRAND Total = $680 million ($170 million x 4)
I dont agree with the laws passed, but here is the math to come up with the $600 million figure they are quoting.
# of possible H1Bs = 85k (65k + 20k)
Fees (additional) = $2000
Total Fees = $170 million ($2k x 85k)
The fee increase is for 4 years = (2010-2014)
GRAND Total = $680 million ($170 million x 4)
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aadimanav
02-07 11:36 AM
Hello Friends,
Just curious to know your opinion / experience regarding the current job opportunities in India (near DELHI / NCR) for IT guys. What realistic salary/benefits should someone expect with graduate degree (masters) from US and 8 years of working experience as Programmer Analyst/ Developer / Sr Developer in desi/vedesi mid-sized consulting companies in US? I have no clue, no rough idea, so I thought may be I should ask you guys.
Regards,
Just curious to know your opinion / experience regarding the current job opportunities in India (near DELHI / NCR) for IT guys. What realistic salary/benefits should someone expect with graduate degree (masters) from US and 8 years of working experience as Programmer Analyst/ Developer / Sr Developer in desi/vedesi mid-sized consulting companies in US? I have no clue, no rough idea, so I thought may be I should ask you guys.
Regards,
kicca
01-25 06:43 PM
^^
royus77
07-17 10:29 PM
Hi,
My I-140 approved in TSC( premium processing)
My Attorney sent my I-485 on July 2 to TSC
my labor approved from Wisconsin
but I read somewhere all applications needs to go to NSC , is it true?
I greatly appreciate your help
You are fine. I 485 should go where I 140 was approved.USCIS will internally transfer the applications until Aug 30 if they were sent to wrong processng center( Check the accuracy of date)
http://www.uscis.gov/files/pressrele...ling062107.pdf
My I-140 approved in TSC( premium processing)
My Attorney sent my I-485 on July 2 to TSC
my labor approved from Wisconsin
but I read somewhere all applications needs to go to NSC , is it true?
I greatly appreciate your help
You are fine. I 485 should go where I 140 was approved.USCIS will internally transfer the applications until Aug 30 if they were sent to wrong processng center( Check the accuracy of date)
http://www.uscis.gov/files/pressrele...ling062107.pdf
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