Pagal
12-17 12:36 PM
Hello,
An approved H1-B petition is an approval for you to undertake employment within US, while a H1-B stamp is to allow you to knock on the US door (PoE) where an IO will decide whether to let you in or not.
There is no requirement that states that legally you must be working continuously within US if you are on H1-B (if anyone knows otherwise, he/she should post the appropriate link).
In short, you should not have any issue at all. The IO will ask why you were out of US and you can tell him/her that you were out 'cause you were consulting from India and not working in US for the past year. You should keep the new offer letter with you to prove to the IO that you have a new job within US now and that's why you want to enter the country.
Do consult a lawyer, but IMHO, you should be fine as a fiddle! :)
An approved H1-B petition is an approval for you to undertake employment within US, while a H1-B stamp is to allow you to knock on the US door (PoE) where an IO will decide whether to let you in or not.
There is no requirement that states that legally you must be working continuously within US if you are on H1-B (if anyone knows otherwise, he/she should post the appropriate link).
In short, you should not have any issue at all. The IO will ask why you were out of US and you can tell him/her that you were out 'cause you were consulting from India and not working in US for the past year. You should keep the new offer letter with you to prove to the IO that you have a new job within US now and that's why you want to enter the country.
Do consult a lawyer, but IMHO, you should be fine as a fiddle! :)
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sanju
07-19 11:31 PM
Thanks for the response.
My Priority Date is:
March 16, 2001.
What can you guys tell me?
Thanks.
So your application was applied in Employment Based Green Card category and your priority date is March 16, 2001. Your I-485 is pending since 2002.
What is your current status? Were you ever out of status while your stay in US? Have you contacted your sponsoring employer or the lawyer who applied for you? I suggest you call and speak with your attorney first thing Monday morning. Did you pay full amount to this guy, I mean your attorney. If you did, too bad, its time to pay him another $2 million before he returns your phone call.
Also, if I were you, on Monday morning I would call and speak with the lovely folks on other side of the 800 number we all love chatting with. They are soo sweet, isn't it.
Many members on the forum seem to think that the priority date getting current means that its time to check the mailbox every evening to receive the GC. Guess not, I have known many folks who waited for 2-3 years even when their dates were current all that time.
But in your case, there seems to be something too awkward as the status note says that your case has been transferred to DC. Are you a diplomat of another country? Just curious.
My Priority Date is:
March 16, 2001.
What can you guys tell me?
Thanks.
So your application was applied in Employment Based Green Card category and your priority date is March 16, 2001. Your I-485 is pending since 2002.
What is your current status? Were you ever out of status while your stay in US? Have you contacted your sponsoring employer or the lawyer who applied for you? I suggest you call and speak with your attorney first thing Monday morning. Did you pay full amount to this guy, I mean your attorney. If you did, too bad, its time to pay him another $2 million before he returns your phone call.
Also, if I were you, on Monday morning I would call and speak with the lovely folks on other side of the 800 number we all love chatting with. They are soo sweet, isn't it.
Many members on the forum seem to think that the priority date getting current means that its time to check the mailbox every evening to receive the GC. Guess not, I have known many folks who waited for 2-3 years even when their dates were current all that time.
But in your case, there seems to be something too awkward as the status note says that your case has been transferred to DC. Are you a diplomat of another country? Just curious.
akhilmahajan
04-20 11:50 AM
Well said sir.
It really paints a true picture for all of us.
It really paints a true picture for all of us.
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desi485
01-08 04:29 PM
Does the cover-letter you included while filing your 485 include your job duties?
thats basically what you need, to make sure your new duties/position are inline with what was decribed in the LC.
We have a company lawyer. Only thing I have is 485 receipts, FP notice, EAD and AP.
Nothing has been shared with us till I-140 approval.
Upon my demands, all I got is my I-140 application number. My HR dept has a strict position that I-140 & LC are employer documents and it will NOT BE Shared with employees.
I still doubt that USCIS will expect me to have these documents.
Any ideas How can I know job description? Can I call USCIS? dont' think they will entertain?
I am about to file for H1B extension. Is there anything here that can give me some idea about job description? I guess H1B and LCA job description should be same. isn't it???
thats basically what you need, to make sure your new duties/position are inline with what was decribed in the LC.
We have a company lawyer. Only thing I have is 485 receipts, FP notice, EAD and AP.
Nothing has been shared with us till I-140 approval.
Upon my demands, all I got is my I-140 application number. My HR dept has a strict position that I-140 & LC are employer documents and it will NOT BE Shared with employees.
I still doubt that USCIS will expect me to have these documents.
Any ideas How can I know job description? Can I call USCIS? dont' think they will entertain?
I am about to file for H1B extension. Is there anything here that can give me some idea about job description? I guess H1B and LCA job description should be same. isn't it???
more...
ampudhukode
03-24 07:01 PM
gcwait,
This was his first job after graduation and has remained there since, so there is only one co to show experience from.
I guess I will ask him to get something addressed for some other purpose like Tom suggested.
ampudhukode
Your friend needs to carry all the original degree certificates, original job offer letter from the US company, his resume, H1-B approval, original past experience certificates as mentioned in the resume.
The Embassy official will look at the H1-B approval, original degree certificates, glance thru passport, check the offer letter, check the H1-B approval and may opt to check the experience certificates.
This was his first job after graduation and has remained there since, so there is only one co to show experience from.
I guess I will ask him to get something addressed for some other purpose like Tom suggested.
ampudhukode
Your friend needs to carry all the original degree certificates, original job offer letter from the US company, his resume, H1-B approval, original past experience certificates as mentioned in the resume.
The Embassy official will look at the H1-B approval, original degree certificates, glance thru passport, check the offer letter, check the H1-B approval and may opt to check the experience certificates.
eb2_immigrant
07-28 07:31 PM
It takes roughly 20 business days. We just got ours.
When you renew AP, what is start date , Is it from the expiration day of your previous AP ?
When you renew AP, what is start date , Is it from the expiration day of your previous AP ?
more...
greenmonster
07-19 08:39 AM
Hi,
Could you please advice for the below case.
Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?
Thanks
Could you please advice for the below case.
Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?
Thanks
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no_more_anger
12-21 07:10 PM
I am confused by why the priority dates for EB2 is worse than EB3. Could someone explain?
It's because of retrogression. Example....
Case 1:
John applied in EB3 in 2002, had his labor/140 cleared.
John changed companies in 2005, now was eligible for EB2. Used older priority date.
Now John has 2002 PD in EB2.
Case 2:
BEC labors coming through.
Case 3:
Non-RIR cases getting approved (note that non-RIR labor takes a long time, ~4-5 yrs)
Whether to choose EB-2 or EB-3 is hard.
Fresh blood coming on H1 will typically be EB3. But by the time their visa numbers
become available, they might move to EB2. Or maybe they won't if EB2 worsens. Right
now I think it's a fair game between the 2 categories (IMHO).
If 140 premium starts again, then it might get crazy. Apply for new PERM (choose the least retrogressed category), apply for 140.....all in 5-6 months. Now port your PD from
whatever earlier 140 you had.
I don't think there is a rule that once you have a Labor/140 cleared from EB2, you can't
apply for a fresh labor for EB3 :-)
It's because of retrogression. Example....
Case 1:
John applied in EB3 in 2002, had his labor/140 cleared.
John changed companies in 2005, now was eligible for EB2. Used older priority date.
Now John has 2002 PD in EB2.
Case 2:
BEC labors coming through.
Case 3:
Non-RIR cases getting approved (note that non-RIR labor takes a long time, ~4-5 yrs)
Whether to choose EB-2 or EB-3 is hard.
Fresh blood coming on H1 will typically be EB3. But by the time their visa numbers
become available, they might move to EB2. Or maybe they won't if EB2 worsens. Right
now I think it's a fair game between the 2 categories (IMHO).
If 140 premium starts again, then it might get crazy. Apply for new PERM (choose the least retrogressed category), apply for 140.....all in 5-6 months. Now port your PD from
whatever earlier 140 you had.
I don't think there is a rule that once you have a Labor/140 cleared from EB2, you can't
apply for a fresh labor for EB3 :-)
more...
james_bond_007
04-03 01:57 AM
thank you roseball.. I already booked an infopass appointment for Monday. If the additional review is done by DHS, will contacting the Ombudsman's office help in anyway ? anybody have experience in resolving the "additional review" , please update.
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whitecollarslave
08-12 02:27 PM
My I-485 got approved on Aug 7th 2008 from NSC. As far as i know my name check was pending during approval time.
How do you know that your 485 was approved even if NC was pending? Does your GC - physical card or the approval notice/emails - indicate that your approval is contingent on NC?
How do you know that your 485 was approved even if NC was pending? Does your GC - physical card or the approval notice/emails - indicate that your approval is contingent on NC?
more...
martinvisalaw
07-16 06:06 PM
Lately we have been seeing, USCIS is asking for the proff of continious legal stay and one of the proof's is I-94.
Say, if one has not made copies of the past I-94's, is there a way we get them by writing a letter an agency ?
Thank You.
Is this in RFE connection with an Adjustment of Status filing? if so, you really only need to show that you did not violate status for over 180 days since your last lawful entry (Section 245(k) of the Immigration and Nationality Act).
In any event, proving that you maintained status does not require showing all old I-94s. You need to show that you were approved for or admitted in a certain status, and that you stayed in that status until it was changed or extended. Approval notices, visas, and maybe entry stamps from your passport re usually enough, and just the most recent I-94. If you held F-1 status, you would need to show your I-20s, visa and proof that you maintained a full courseload as required by the I-20.
Say, if one has not made copies of the past I-94's, is there a way we get them by writing a letter an agency ?
Thank You.
Is this in RFE connection with an Adjustment of Status filing? if so, you really only need to show that you did not violate status for over 180 days since your last lawful entry (Section 245(k) of the Immigration and Nationality Act).
In any event, proving that you maintained status does not require showing all old I-94s. You need to show that you were approved for or admitted in a certain status, and that you stayed in that status until it was changed or extended. Approval notices, visas, and maybe entry stamps from your passport re usually enough, and just the most recent I-94. If you held F-1 status, you would need to show your I-20s, visa and proof that you maintained a full courseload as required by the I-20.
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Refugee_New
05-30 05:14 PM
I e-filed my EAD renewal yesterday and got the reciept copy.
Now what are the documents i should send USCIS? Do you guys have the list of documents to be mailed for EAD renewal?
Now what are the documents i should send USCIS? Do you guys have the list of documents to be mailed for EAD renewal?
more...
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anyway
01-25 01:52 AM
Hey anyway!
The icons can all be found here: C:\Program Files (x86)\Microsoft SDKs\Windows Phone\v7.0\Icons
You can just drag and drop the icon you want into Blend or explicitly add it via the Projects panel :)
Your question on connecting to an XML data source is interesting because there are several ways of doing this. One approach is by using Linq and just parsing the output.
Here is an example of that: http://blog.kirupa.com/?p=144
Let me know if this helps you get started or if you have further questions :megaman:
Cheers,
Kirupa :look:
Hey Kirupa... I've already drag and drop the icon in the Texbox (see image above). I would like to know how to make the image clickable (turn it into a button)?
I used a button control in expression blend and it is clickable by default and just to test it I did this:
private void showmsg(object sender, RoutedEventArgs e)
{
MessageBox.Show("Search Performed " , "It Works", MessageBoxButton.OKCancel);
}
How do I do something similar with icons?
The icons can all be found here: C:\Program Files (x86)\Microsoft SDKs\Windows Phone\v7.0\Icons
You can just drag and drop the icon you want into Blend or explicitly add it via the Projects panel :)
Your question on connecting to an XML data source is interesting because there are several ways of doing this. One approach is by using Linq and just parsing the output.
Here is an example of that: http://blog.kirupa.com/?p=144
Let me know if this helps you get started or if you have further questions :megaman:
Cheers,
Kirupa :look:
Hey Kirupa... I've already drag and drop the icon in the Texbox (see image above). I would like to know how to make the image clickable (turn it into a button)?
I used a button control in expression blend and it is clickable by default and just to test it I did this:
private void showmsg(object sender, RoutedEventArgs e)
{
MessageBox.Show("Search Performed " , "It Works", MessageBoxButton.OKCancel);
}
How do I do something similar with icons?
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piyu7444
04-07 07:10 PM
Hi Friends.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
Congratulations and thanks for the tips. This can be helpful to a lot of people.......
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
Congratulations and thanks for the tips. This can be helpful to a lot of people.......
more...
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sargon
09-23 02:10 PM
And how to you differentiate between soft lud and very soft lud?:o
soft LUD on a case 1 no. ahead of you or 1 no. behind you = very soft LUD on your case. Isn't everybody is smart enough to calculate the formula for very-raised-to-the-power-of-n soft LUD now.
soft LUD on a case 1 no. ahead of you or 1 no. behind you = very soft LUD on your case. Isn't everybody is smart enough to calculate the formula for very-raised-to-the-power-of-n soft LUD now.
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go_getter007
12-20 11:48 AM
You can change your address online or also by calling the USCIS. I did the latter in my case a few months ago. Once the system is updated by a USCIS customer service rep to reflect the new address, you'll get an email notification, if you have that feature activated on the USCIS site/your application portfolio.
Good luck.
GG_007
PS: Not a lawyer, just my personal opinion.
Receipt Number: SRC0XXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice Returned as Undeliverable.
On December 19, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent..
I have not yet got the FP appointment. Could this be the letter for that or something else serious?
After filing, my address changed.
I submitted AR-11 form, called USCIS and updated address, when opened SR last month gave them the new address to for which any notices have to be sent etc..but still got this letter from our super efficient USCIS.
Good luck.
GG_007
PS: Not a lawyer, just my personal opinion.
Receipt Number: SRC0XXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice Returned as Undeliverable.
On December 19, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent..
I have not yet got the FP appointment. Could this be the letter for that or something else serious?
After filing, my address changed.
I submitted AR-11 form, called USCIS and updated address, when opened SR last month gave them the new address to for which any notices have to be sent etc..but still got this letter from our super efficient USCIS.
more...
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pappu
02-23 06:03 PM
Does anyone else have a problem clicking the last forum topic on the left side. I am using IE7 and never have a hyperlink to click on for that one topic only.
-a
I am unable to understand 'the last forum topic on the left side'
Could you please explain or maybe send me a screenshot of the error(info at immigrationvoice.org) and we will fix it
-a
I am unable to understand 'the last forum topic on the left side'
Could you please explain or maybe send me a screenshot of the error(info at immigrationvoice.org) and we will fix it
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bipin
03-18 04:51 PM
LCA wage is $60K. For the current company it is Ok since I worked only for 8 months. But my concern is W2 with $50K in CA bay area will definitely raise a red flag when it comes to any further encounter with USICS (H1 extn/Labor/I-140/AOS/Consulate stamping). I will need to do a lot of explanation. I�m trying to avoid all that with a $60K W2.
What is the wage mentioned on LCA for the H1 ? Is it more then 50K?
What is the wage mentioned on LCA for the H1 ? Is it more then 50K?
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sri@180
02-08 08:12 AM
Who are comming from USA ,did have particular consulate to attend.
paddy.
09-13 12:04 PM
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suny_saini
07-22 06:14 AM
hello friends
hope u experienced guys can help me and advise me in my case:
my dad is a green card holder and a pernanent resident of US
me my mom and my younger bro were applied by my dad in E3 category.
abt two years ago we recieved a letter from DELHI-US EMBASSY abt some instructions abt visa. and at end there were names of travelling applicants and those were me , my mom and my brother.
now the Priority dates became current in june and we got a letter abt visa appointment and there were only two travelling applicants ( my mom and my brother)
my name was not there for interview.
on the day of interview i went with my family.
they took interview of my mom and bro and said everything is ok.
i was also there in waiting room and only i was allowed to talk and ask the officer at enquire
consular officer give my mom a notoce to present I140 and I824 approval notices. and they returned the passports of my mom and bro and told us to submit each applicant passport with the original approval notices.
i asked at lady at enquire that why they returned the passports?
and she replied that its all because my age problem and also they want to issue visa to all of us at same time.
so after u present the approval notice they will think and decide if i can be able to get visa or not.
then we have again submitted and also i submillted my passport with their.
can anybody help me and tell me wots gonna happen???
i cant wait of their responce.
here are some detials if u can check and calculate if i am elegible...
My current age - 21 yrs and 7 months
Age at the time priority date became current: (21 yrs - 8 days)= 20 years 11 months and 23 days
Priority date became current on 11 May http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
see date of posting at the end of page ie. 11 may
I-140 Filed: May20, 2003
Approved: October 8, 2003
Time taken : 5 monnths and 19 days
Three I-824 filed for Me, my Mother and my younger brother Filed ON: July 28 2005
Approved ON: Nov 7, 2005
Ucsis notified Nov 7, 2005 New Delhi consolate about there cases.
and we filled DS-230 and courier to Delhi US embassy.
Our dates were current near Nov 2005 but again they changed the dates and it became un current.
now dates are current again.
plz help me....
hope u experienced guys can help me and advise me in my case:
my dad is a green card holder and a pernanent resident of US
me my mom and my younger bro were applied by my dad in E3 category.
abt two years ago we recieved a letter from DELHI-US EMBASSY abt some instructions abt visa. and at end there were names of travelling applicants and those were me , my mom and my brother.
now the Priority dates became current in june and we got a letter abt visa appointment and there were only two travelling applicants ( my mom and my brother)
my name was not there for interview.
on the day of interview i went with my family.
they took interview of my mom and bro and said everything is ok.
i was also there in waiting room and only i was allowed to talk and ask the officer at enquire
consular officer give my mom a notoce to present I140 and I824 approval notices. and they returned the passports of my mom and bro and told us to submit each applicant passport with the original approval notices.
i asked at lady at enquire that why they returned the passports?
and she replied that its all because my age problem and also they want to issue visa to all of us at same time.
so after u present the approval notice they will think and decide if i can be able to get visa or not.
then we have again submitted and also i submillted my passport with their.
can anybody help me and tell me wots gonna happen???
i cant wait of their responce.
here are some detials if u can check and calculate if i am elegible...
My current age - 21 yrs and 7 months
Age at the time priority date became current: (21 yrs - 8 days)= 20 years 11 months and 23 days
Priority date became current on 11 May http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
see date of posting at the end of page ie. 11 may
I-140 Filed: May20, 2003
Approved: October 8, 2003
Time taken : 5 monnths and 19 days
Three I-824 filed for Me, my Mother and my younger brother Filed ON: July 28 2005
Approved ON: Nov 7, 2005
Ucsis notified Nov 7, 2005 New Delhi consolate about there cases.
and we filled DS-230 and courier to Delhi US embassy.
Our dates were current near Nov 2005 but again they changed the dates and it became un current.
now dates are current again.
plz help me....
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