Overstay
04-25 10:32 PM
hi, first, I'm not trolling. I have a genuine question and I'm looking for answers seriously. I got laid off in 2009 while on a h1b and then for one reason or another, stayed back for 8 months. My understanding was that I could have gotten a new job within 6 months and then switched over my h1b. I was foolish. My I-94 on the h1b approval letter however had an expiration date of October 2011. By the time 8 months had gone by, I decided it was time to give up hope and return to my country.
Since I've been here, my parents have started a campaign to get me a bride. Arranged marriages are part of my culture, and people marry based on how good a match it is according to one's birthchart. If I do find a USC who is willng too marry me, will it help me in any way immigration wise? Or will my 8 months out of status stay in USA chase me for the rest of my life?
Since I've been here, my parents have started a campaign to get me a bride. Arranged marriages are part of my culture, and people marry based on how good a match it is according to one's birthchart. If I do find a USC who is willng too marry me, will it help me in any way immigration wise? Or will my 8 months out of status stay in USA chase me for the rest of my life?
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FinalGC
06-15 12:53 PM
Experts:
I am going to apply for my H1 renewal. I have my I-140 approved and I-485 application pending from Aug 2007. Additionally, being from India, my visa number is retrogressed.
I got my first 3 year H1 extention from 2006-2009. Now I am appllying for my next 3 years H1 extention. However, I am seeing USCIS asking for client letter and copy of contract. Additionally, one employee of my company got renewal for 3 months only, since his project was getting over in 3 months.
My company gets Purchase Orders for 1 year duration only from my client, but I have a intent to renewal for up to 3 years. I am about to enter into my 2nd year of contract.
I am working with my lawyer to present my case the best way to ensure that we get a renewal of 3 years. Here is what my lawyer recently stated
>>>>USCIS is simply not approving H1 petitions in the IT consultant field if the Employer cannot show actual bona fide work for the duration of time requested. This arises when USCIS issues a request for evidence specifically asking for such items as contracts and work orders. Furthermore, USCIS specifically requests that the end client confirm work performed as they are the business receiving the benefit of the employer. USCIS deems this requirement as necessary to confirm that the employee is performing work in a specialty occupation as contained in the petition.<<<<<<<<<
However, I thought if any of you guys have any suggestions to ensure that we could get a 3 year extention??
I am going to apply for my H1 renewal. I have my I-140 approved and I-485 application pending from Aug 2007. Additionally, being from India, my visa number is retrogressed.
I got my first 3 year H1 extention from 2006-2009. Now I am appllying for my next 3 years H1 extention. However, I am seeing USCIS asking for client letter and copy of contract. Additionally, one employee of my company got renewal for 3 months only, since his project was getting over in 3 months.
My company gets Purchase Orders for 1 year duration only from my client, but I have a intent to renewal for up to 3 years. I am about to enter into my 2nd year of contract.
I am working with my lawyer to present my case the best way to ensure that we get a renewal of 3 years. Here is what my lawyer recently stated
>>>>USCIS is simply not approving H1 petitions in the IT consultant field if the Employer cannot show actual bona fide work for the duration of time requested. This arises when USCIS issues a request for evidence specifically asking for such items as contracts and work orders. Furthermore, USCIS specifically requests that the end client confirm work performed as they are the business receiving the benefit of the employer. USCIS deems this requirement as necessary to confirm that the employee is performing work in a specialty occupation as contained in the petition.<<<<<<<<<
However, I thought if any of you guys have any suggestions to ensure that we could get a 3 year extention??
va_dude
07-20 05:58 PM
First of all you would need a visa to visit UK.
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eagle123
05-03 03:03 PM
Hi,
I am currently on my first OPT which expires in June second week. The company which I am working for is an everified company, hence I applied for my STEM extension last week(I did not get the receipt of confirmation/the new OPT STEM extension card till now). As the STEM extension rules say that we can work for a maximum of 180 days without getting out OPT card, I thought its fine and hence applied a little late.
The problem here is that my company is getting acquired by another company(this company is not e-verified, but they are planning to get everified, don't know when). It is still in the process of acquisition and the deal is expected to close by July. As this company is not everified(as of now) I cannot work for this company after my first opt expires, till it gets the everified status. As is a general phenomena that when a bigger company acquires another company, some cost cutting might happen.
I have a few questions.
1) Do you guys suggest applying for a H1B, with my current company (The problem is that even if my current company applies H1B, I cannot work for the new company as my H1 will be in processing and the new company is not everified, and I would be out of status. I cannot face this situation if the new company gets everified status before my first opt expires, but I am not sure if this is going to happen).
2)If I file my H1b and the new company decides to not take anyone from the previous company, then my opt would have been canceled as I have applied for H1, and I would not also get H1.
3)If I get my H1 approved before we get removed, I would have only 1 month(grace period between H1 jobs, I assume) to get a new job and transfer my H1.
4)Also I dont know if I apply for H1 during the time of acquisition, I am kinda confused what happens with the processing.
I am really sorry if there is a similar post, but I could not find any. Also I could jolt down only the above scenarios. Please help if there are any other scenarios I missed out.
Kindly Advice.
Thanks in advance.
I am currently on my first OPT which expires in June second week. The company which I am working for is an everified company, hence I applied for my STEM extension last week(I did not get the receipt of confirmation/the new OPT STEM extension card till now). As the STEM extension rules say that we can work for a maximum of 180 days without getting out OPT card, I thought its fine and hence applied a little late.
The problem here is that my company is getting acquired by another company(this company is not e-verified, but they are planning to get everified, don't know when). It is still in the process of acquisition and the deal is expected to close by July. As this company is not everified(as of now) I cannot work for this company after my first opt expires, till it gets the everified status. As is a general phenomena that when a bigger company acquires another company, some cost cutting might happen.
I have a few questions.
1) Do you guys suggest applying for a H1B, with my current company (The problem is that even if my current company applies H1B, I cannot work for the new company as my H1 will be in processing and the new company is not everified, and I would be out of status. I cannot face this situation if the new company gets everified status before my first opt expires, but I am not sure if this is going to happen).
2)If I file my H1b and the new company decides to not take anyone from the previous company, then my opt would have been canceled as I have applied for H1, and I would not also get H1.
3)If I get my H1 approved before we get removed, I would have only 1 month(grace period between H1 jobs, I assume) to get a new job and transfer my H1.
4)Also I dont know if I apply for H1 during the time of acquisition, I am kinda confused what happens with the processing.
I am really sorry if there is a similar post, but I could not find any. Also I could jolt down only the above scenarios. Please help if there are any other scenarios I missed out.
Kindly Advice.
Thanks in advance.
more...
iman.karta
12-28 05:54 PM
Shiva,
Thanks for your info. Based on these cases you read, do you recall whether they are approved at the end? I am getting a bit worrrier now. ;(
Thanks for your info. Based on these cases you read, do you recall whether they are approved at the end? I am getting a bit worrrier now. ;(
pnauhwar21
07-02 07:35 PM
All,
I want to get my Wife�s name (FNU case) corrected in the L2 petition. What is the process for that? I have read that a Visa amendment needs to be filed but didn�t find any such amendment form on USCIS site.
She only had her first name in the passport hence both the petition and I-94 had her name as FNU HERFIRSTNAME. I am planning to get her name corrected in passport first by applying for a new passport at consulate. Afer that, need to get her name corrected in the L2 visa petition. I-94 should get corrected when we re-enter US next year as current one is already expired.
Has anyone got the visa petition corrected? Please let me know the process. Appreciate help from everyone.
Thanks,
Prashant
I want to get my Wife�s name (FNU case) corrected in the L2 petition. What is the process for that? I have read that a Visa amendment needs to be filed but didn�t find any such amendment form on USCIS site.
She only had her first name in the passport hence both the petition and I-94 had her name as FNU HERFIRSTNAME. I am planning to get her name corrected in passport first by applying for a new passport at consulate. Afer that, need to get her name corrected in the L2 visa petition. I-94 should get corrected when we re-enter US next year as current one is already expired.
Has anyone got the visa petition corrected? Please let me know the process. Appreciate help from everyone.
Thanks,
Prashant
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joydiptac
05-14 11:53 AM
Putting lipstick on a Green Card does not make the backlogs go away.
Focus... USCIS Focus!:D
What difference does it make black, blue, green, yellow, pink. :D
Focus... USCIS Focus!:D
What difference does it make black, blue, green, yellow, pink. :D
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maverick80
02-11 06:40 AM
I was talking to an attorney over the phone today and she said that PERM can be filed followed by 140 even if I am outside the country (working for an overseas department of the company) and I can come back on L1 / H1B, because GC is for future employment.
We were discuussing this because I was concerned that I may not be able to file H1 extension if the PERM is not filed 365 days before H1 extension.
This would be totally awesome coz I would love to work in some other country for a while.
Is this really true? (seems too good to be considering that everything else seems stacked up against us). Oh, if it matters to the discussion: I'm in EB2/India/retrogressed ad infinitum.
We were discuussing this because I was concerned that I may not be able to file H1 extension if the PERM is not filed 365 days before H1 extension.
This would be totally awesome coz I would love to work in some other country for a while.
Is this really true? (seems too good to be considering that everything else seems stacked up against us). Oh, if it matters to the discussion: I'm in EB2/India/retrogressed ad infinitum.
more...
karthiknv143
09-16 02:59 PM
Processing dates are bogus.. Don't rely on that.
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sri1234
01-30 08:29 AM
:(My H1 extension got denied and the attorney filed for MTR.
Can i work while this is under process or should i use EAD?
The reason for H1 extension rfe and subsequent denial was lack of End Client Letter of contract for another 2 years.
Should i be using EAD to work and abondon H1?
Will there be any problems for 485?
Your advise is hightly appreciated. Please help
Thanks,
Sri
PD - Oct 06 EB2 - India
I-140 approved
I-485 filed July 07
Can i work while this is under process or should i use EAD?
The reason for H1 extension rfe and subsequent denial was lack of End Client Letter of contract for another 2 years.
Should i be using EAD to work and abondon H1?
Will there be any problems for 485?
Your advise is hightly appreciated. Please help
Thanks,
Sri
PD - Oct 06 EB2 - India
I-140 approved
I-485 filed July 07
more...
vin13
03-23 10:00 AM
If your new employer is processing a H1 then you do not need EAD to initiate AC 21.
If the new employer is not processing a H1 then you would need to show your new employer the EAD inorder to start working for them. You say that you have the A# but do you also know the start and end date for the EAD? Your new employer needs to have all these to fill the I-9 form. YOU MAY BE ABLE TO BUY UPTO 90 DAYS TO SHOW THE EAD. READ THE INSTRUCTIONS FOR THE I-9 FORM. I HAVE ATTACHED A PORTION OF IT FOR YOUR REFERENCE.
READ THE I-9, EMPLOYMENT ELIGIBILITY VERIFICATION.
Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days.
If the new employer is not processing a H1 then you would need to show your new employer the EAD inorder to start working for them. You say that you have the A# but do you also know the start and end date for the EAD? Your new employer needs to have all these to fill the I-9 form. YOU MAY BE ABLE TO BUY UPTO 90 DAYS TO SHOW THE EAD. READ THE INSTRUCTIONS FOR THE I-9 FORM. I HAVE ATTACHED A PORTION OF IT FOR YOUR REFERENCE.
READ THE I-9, EMPLOYMENT ELIGIBILITY VERIFICATION.
Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days.
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Blog Feeds
07-29 05:30 PM
It has become quite a hassle to obtain a California state driver's license or state identification card ("ID") when you are a non-immigrant such as in F, M, or J status (students, students in vocational schools, cultural exchange students). Recently Immigration Customs and Enforcement issued a fact sheet on applying for a driver's license or ID card for non immigrants in F, M or J status. (http://www.californiaimmigrationlawyerblog.com/Applying%20for%20a%20Driver%27s%20License.pdf). The fact sheet is helpful as it provides basic information on how to apply for a driver's license or ID card. It is not state specific but it does list all of the websites for all of the Department of Motor Vehicle offices in the United States.
The steps in applying for a driver's license or ID card in California are listed on the California Department of Motor Vehicles website (http://www.dmv.ca.gov/dl/checklists/id.htm). You must do the following in this order:
Obtain a Social Security number
Complete a Driver License or Identification Card Application
Present an acceptable birth date/legal presence document
Pay the application fee
In order to obtain a Social Security number, you must go to a local Social Security office. You may find out more about the process on the Social Security Administration's website (http://www.ssa.gov/ssnumber/). For those in F, M, and J status, you will find additional guidance by reviewing Social Security's electronic fact sheet, "Social Security numbers for non-citizens. (http://www.ssa.gov/pubs/10096.html#3)"
The fact sheet issued by ICE is useful because it provides an email address to use in case the DMV does not issue the driver's license or identification card. It has been difficult in the past to get the immigration authorities to communicate with the DMV about a person's immigration status. In the fact sheet, ICE promises a one-to-two day turn around once they receive a request for information as to why a student's ID or driver's license was not issued. This is great news as students have suffered a great deal of frustration in the past waiting for the agencies to communicate with one another.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_to_apply_for_a_california_1.html)
The steps in applying for a driver's license or ID card in California are listed on the California Department of Motor Vehicles website (http://www.dmv.ca.gov/dl/checklists/id.htm). You must do the following in this order:
Obtain a Social Security number
Complete a Driver License or Identification Card Application
Present an acceptable birth date/legal presence document
Pay the application fee
In order to obtain a Social Security number, you must go to a local Social Security office. You may find out more about the process on the Social Security Administration's website (http://www.ssa.gov/ssnumber/). For those in F, M, and J status, you will find additional guidance by reviewing Social Security's electronic fact sheet, "Social Security numbers for non-citizens. (http://www.ssa.gov/pubs/10096.html#3)"
The fact sheet issued by ICE is useful because it provides an email address to use in case the DMV does not issue the driver's license or identification card. It has been difficult in the past to get the immigration authorities to communicate with the DMV about a person's immigration status. In the fact sheet, ICE promises a one-to-two day turn around once they receive a request for information as to why a student's ID or driver's license was not issued. This is great news as students have suffered a great deal of frustration in the past waiting for the agencies to communicate with one another.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_to_apply_for_a_california_1.html)
more...
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anishNewbie
09-02 02:41 PM
Hey guys,
I am new to all this completely. So please do help me out. I am sorry if it is a repost..
My Qualification:
Bachelor's Degree in Computer Eng
Masters Degree in Computer Science
Nationality: India
Experience: 6 months (don't have docs to prove it though now..)
I would like to file my GC under EB2.
As per my little internet knowledge, is it true that for base requirements under EB2 are - MS + 0 years exp (Please correct me if i am wrong here)
I know one has to also prove that the job requires a MS degree ?? How can a lawyer suffice that requirement ?? Does 1 have to specify all latest hi-fi technologies for that ??
Are the other requirements of applying under EB2 ??
So to apply under EB2 one should belong to O*Net� JobZone 5, since i am comp eng/software developer i belong to category of O*Net� JobZone 4.
So for applying EB2 under O*Net� JobZone 4, do i have to show some experience related to that field/job ?? (Really confused about this one)
So say for example, I would be applying under :
OES/SOC Title: Computer Software Engineers, Applications
Level 1 Wage: $30.42 hour - $63,274 year
Level 2 Wage: $37.60 hour - $78,208 year
Level 3 Wage: $44.79 hour - $93,163 year
Level 4 Wage: $51.97 hour - $108,098 year
GeoLevel: 1
15-1031.00 Computer Software Engineers, Applications
Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team.
O*Net� JobZone: 4
Education & Training Code: 5-Bachelor's degree
So when i apply under JobZone 4(looks like it is a Bachelors degree level zone) for EB2, what should be my minimum level of wage as per PWD?
I heard it should be a minimum of level 2, is it true ????????
I am new to all this completely. So please do help me out. I am sorry if it is a repost..
My Qualification:
Bachelor's Degree in Computer Eng
Masters Degree in Computer Science
Nationality: India
Experience: 6 months (don't have docs to prove it though now..)
I would like to file my GC under EB2.
As per my little internet knowledge, is it true that for base requirements under EB2 are - MS + 0 years exp (Please correct me if i am wrong here)
I know one has to also prove that the job requires a MS degree ?? How can a lawyer suffice that requirement ?? Does 1 have to specify all latest hi-fi technologies for that ??
Are the other requirements of applying under EB2 ??
So to apply under EB2 one should belong to O*Net� JobZone 5, since i am comp eng/software developer i belong to category of O*Net� JobZone 4.
So for applying EB2 under O*Net� JobZone 4, do i have to show some experience related to that field/job ?? (Really confused about this one)
So say for example, I would be applying under :
OES/SOC Title: Computer Software Engineers, Applications
Level 1 Wage: $30.42 hour - $63,274 year
Level 2 Wage: $37.60 hour - $78,208 year
Level 3 Wage: $44.79 hour - $93,163 year
Level 4 Wage: $51.97 hour - $108,098 year
GeoLevel: 1
15-1031.00 Computer Software Engineers, Applications
Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team.
O*Net� JobZone: 4
Education & Training Code: 5-Bachelor's degree
So when i apply under JobZone 4(looks like it is a Bachelors degree level zone) for EB2, what should be my minimum level of wage as per PWD?
I heard it should be a minimum of level 2, is it true ????????
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pbojja
10-19 10:26 AM
Hello,
I had seen no issues travelling wih out receipt notice . But I got my H1 stamped till 2010 . I received my receipts yesterday and I know some one who received EADs after travelling to India with out receipts . Remember this is only my personal expereince and not sure if this is a standard .
I had seen no issues travelling wih out receipt notice . But I got my H1 stamped till 2010 . I received my receipts yesterday and I know some one who received EADs after travelling to India with out receipts . Remember this is only my personal expereince and not sure if this is a standard .
more...
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gparr
April 22nd, 2004, 10:35 PM
i think you needed two light sources for this, one coming in from the left to lessen or remove the shadows. Some more DOF? Yes and No depends on what you're after. Flwoers of this colour are so hard to photo IMHO. Reds and flowers always give me grief. I like this rendition of the colour.. Were you happy?
Yes, I'm happy with the shot in general. I don't like using flash, but didn't have a choice on this one. I was battling heavy clouds and a building wind. I think I'll go back and shoot it again if the blooms are still in decent shape and try a bit more DOF. I also wish I'd noticed that little leaf on the bottom left. I hate when you think you've studied the entire field of view and then miss one little thing.
Thanks to everyone for the feedback.
Gary
Yes, I'm happy with the shot in general. I don't like using flash, but didn't have a choice on this one. I was battling heavy clouds and a building wind. I think I'll go back and shoot it again if the blooms are still in decent shape and try a bit more DOF. I also wish I'd noticed that little leaf on the bottom left. I hate when you think you've studied the entire field of view and then miss one little thing.
Thanks to everyone for the feedback.
Gary