Eveready
07-09 09:28 PM
:confused: My wife has been on H1B for about 3 years and may have to go on H4 (on my H1B) for some time since we changed location and she is not getting a job immediately. Now when she does get a job which confirms to her existing workpermit type (teacher in this case) does she have to apply for a new H1B and wait for OCT2007 for it to happen or can she get one any time.
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krishnam70
08-27 06:01 PM
Krishnam70, they require police certificates for any country where you lived in the last 10 (not 5!) years. Also, fingerprints must be sent to FBI to get "certified", and that can take 10-12 weeks nowadays.
NEVER bother the consulate with questions regarding your application status. Give it at least a year since they accept your documents. If you can't wait for so long, google "CAIPS notes" and use this process to get info about your application. However, if you have specific questions regarding your application/situation, the consulate will respond within 1-2 business days. Just make sure to include your file number (you'll be provided with it upon acceptance of your documents) at the top of each email message or response. I notified the consulate about my FBI fingerprints delay and asked some questions specific to my case. When I reviewed my CAIPS notes, I found out that they keep track of all communication, including email.
I'm almost done with my Canadian PR process and moving with my family to Calgary in October.
I am from india and a Canadian PR holder who has done successful landing. I did not provide a police certificate from India. I had lived in the US 4 years before I applied for Canadian PR .If you are applying from the US they do not require you to provide the PC certificate I think. May be you are correct about FBI verification, it used to take 3 weeks to get the fingerprints certified from FBI ( As i said the instructions are on the form so did not elaborate further on that). No phone correspondence with consulate is encouraged/possible during the wait time, all inquiries need to made using the fax/regular mail quoting your file number for reference and yoy will get response. CAIPS is a good way to see the progress but i guess u still need to wait 52 weeks either way to get started.
cheers
NEVER bother the consulate with questions regarding your application status. Give it at least a year since they accept your documents. If you can't wait for so long, google "CAIPS notes" and use this process to get info about your application. However, if you have specific questions regarding your application/situation, the consulate will respond within 1-2 business days. Just make sure to include your file number (you'll be provided with it upon acceptance of your documents) at the top of each email message or response. I notified the consulate about my FBI fingerprints delay and asked some questions specific to my case. When I reviewed my CAIPS notes, I found out that they keep track of all communication, including email.
I'm almost done with my Canadian PR process and moving with my family to Calgary in October.
I am from india and a Canadian PR holder who has done successful landing. I did not provide a police certificate from India. I had lived in the US 4 years before I applied for Canadian PR .If you are applying from the US they do not require you to provide the PC certificate I think. May be you are correct about FBI verification, it used to take 3 weeks to get the fingerprints certified from FBI ( As i said the instructions are on the form so did not elaborate further on that). No phone correspondence with consulate is encouraged/possible during the wait time, all inquiries need to made using the fax/regular mail quoting your file number for reference and yoy will get response. CAIPS is a good way to see the progress but i guess u still need to wait 52 weeks either way to get started.
cheers
humsuplou
11-30 02:50 AM
Btw, regarding the letter from the hospital, is an scanned copy sent from email good enough? Or do I need original copy?
Thanks again!
Thanks again!
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ddeka
09-17 10:54 AM
What happens once someone has entered on AP and 1 year passes..is it an overstay after a year????
No - there is nothing to do your status with AP.
No - there is nothing to do your status with AP.
more...
gc007
01-05 10:23 PM
I have been on H4 since 2000. I once got an H1-B in the year 01, but did not get to work. Meanwhile my H4 got extended till now.
With the recent changes of de-coupling H1 & H4.......
My question is can I use the previous H1-B issued in 01 and apply for COS without any cap restrictions ? And can this be used by a new Employer ?
Appreciate any responses on this. Thanks
With the recent changes of de-coupling H1 & H4.......
My question is can I use the previous H1-B issued in 01 and apply for COS without any cap restrictions ? And can this be used by a new Employer ?
Appreciate any responses on this. Thanks
starscream
08-27 05:00 PM
VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.
Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.
The below is the visa renewal criteria as defined on the website:
Visa renewal appointments are available to visa applicants who:
have a U.S. visa that has expired less than 12 months ago.
wish to apply for the same category visa (work, business, tourist, etc.)
are Indian nationals (hold Indian passports)
are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).
The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have never had a US visa.
Applicants who have a U.S. visa that expired more than 12 months ago.
Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
Non Indian passport holders
Applicants applying at the U.S. Consulate in Kolkata.
First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
Applicants applying for entertainment/performance visas(P3 category).
Applicants applying for unskilled worker visas (H2b category).
All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
Current, valid passport
Passports containing previously issued U.S. visas
As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)
The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.
Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.
The below is the visa renewal criteria as defined on the website:
Visa renewal appointments are available to visa applicants who:
have a U.S. visa that has expired less than 12 months ago.
wish to apply for the same category visa (work, business, tourist, etc.)
are Indian nationals (hold Indian passports)
are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).
The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have never had a US visa.
Applicants who have a U.S. visa that expired more than 12 months ago.
Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
Non Indian passport holders
Applicants applying at the U.S. Consulate in Kolkata.
First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
Applicants applying for entertainment/performance visas(P3 category).
Applicants applying for unskilled worker visas (H2b category).
All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
Current, valid passport
Passports containing previously issued U.S. visas
As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)
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sabbygirl99
03-28 05:39 PM
hey seattle, I have not heard of part time worker + FT student on H1 either....as far as getting 140 from F1...I just don't see how that is possible? 140+ 485 ia all employment based....if they see that you no longer have a job...then wouldn't that immediately disqualify you? Anyways - I'm pretty sure that I do not want to switch to F1....even if I were willing to give up my place in the longest darn line in the world, I need money coming in while I am at school!!
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DDLMODES
07-18 09:26 PM
If you did PERM (only then can you file concurrently)
Who said that concurent filing is available for PERM only ???
That is not true right ????
Somebody please clarify !
Who said that concurent filing is available for PERM only ???
That is not true right ????
Somebody please clarify !
more...
prioritydate
08-14 12:57 PM
I support the theory part of your concept, but I dont think USCIS has the capability to implement it. I would rather say that , The earlier stages Labor and 140 might be more appropriate to apply your theory, wherein direct employees with bigger organizations will have faster approvals, which indirectly would makes their adjustment of status faster.
Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.
Ok. I added another clause. I-140, name check etc are approved.
Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.
Ok. I added another clause. I-140, name check etc are approved.
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conchshell
04-24 08:22 AM
Breaking news on http://www.immigration-law.com :
04/24/2008: House Judiciary Immigration Subcommittee Hearing Today at 2:00 p.m. on "Wasted Visas, Growing Backlogs"
* This is the first in a series of hearings on immigration reforms which the House is scheduled to hear hereon. For the list of witnesses and the testimonies, please stay tuned to this website.
Does anyone has more insight to this. What we at IV can contribute to this hearing?
This is the official link on the website:
http://judiciary.house.gov/oversight.aspx?ID=435
04/24/2008: House Judiciary Immigration Subcommittee Hearing Today at 2:00 p.m. on "Wasted Visas, Growing Backlogs"
* This is the first in a series of hearings on immigration reforms which the House is scheduled to hear hereon. For the list of witnesses and the testimonies, please stay tuned to this website.
Does anyone has more insight to this. What we at IV can contribute to this hearing?
This is the official link on the website:
http://judiciary.house.gov/oversight.aspx?ID=435
more...
bablata2007
11-27 03:44 PM
I-140 is approved. H1-B 8th yr. is valid till march 2008.
Thanks.
Thanks.
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snathan
05-04 11:24 PM
I would also recommend to go through an attorney as the cost is not worth to lose your status...
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tampacoolie
07-14 03:23 PM
Guys,
My lawyer is also suggesting to file next week. He had everything to go by July2 and now he wants to file ASAP. Any thoughts on this?. I am thinking this pure pot shots game with USCIS.
My lawyer is also suggesting to file next week. He had everything to go by July2 and now he wants to file ASAP. Any thoughts on this?. I am thinking this pure pot shots game with USCIS.
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rajas
05-31 10:18 AM
I know that there has been several discussions regardigng this topic.One thing I never knew was that once your 6 year H1 Limit is over and say you got H1 extension for 3 more years based on approved I140, now for some reason if your 485 is denied your h1 will be denied too!!! so H1 is not a back up to EAD in this scenario...some lawyers have this opinion!!!!
So EAD/H1 discussion important only for those who have not reached 6 year limit
Any comments!!!!
So EAD/H1 discussion important only for those who have not reached 6 year limit
Any comments!!!!
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Jerrome
04-08 02:22 PM
I meant EB-2 India and China alone
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rkiran
12-03 02:26 PM
Hi vin13,
Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
I have an appointment tomorrow and only have a letter from the doctor.
Thanks,
We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
If you do not get help in one of the offices, try your luck at another USCIS office.
Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
I have an appointment tomorrow and only have a letter from the doctor.
Thanks,
We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
If you do not get help in one of the offices, try your luck at another USCIS office.
more...
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MAEB2TR
09-04 10:29 AM
I-485 with EB2 PD Sep 06 send on July 18. Once I receive the RN, I will apply for I-140 with EB2 PD March 2003 and request to transfer my pending I-485 application to the newly filed I-140 petition since my PD is current in September.
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gimme Green!!
07-04 10:15 PM
There was also a gap of my H-1 Activation and F-1.
Since the stamping is for your current job, and the I-129 requirement was a Bachelor's only, there should not be any issues.
What was the gap between H-1 activation and F1? If it was only a few months, it could be overlooked.
What were you doing then? Did you have a PT (practical training) atleast?
The above is based on what i think I know. The best person to advice is an immigration lawyer.
Since the stamping is for your current job, and the I-129 requirement was a Bachelor's only, there should not be any issues.
What was the gap between H-1 activation and F1? If it was only a few months, it could be overlooked.
What were you doing then? Did you have a PT (practical training) atleast?
The above is based on what i think I know. The best person to advice is an immigration lawyer.
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Ennada
12-16 11:25 AM
Yes. I got mine extended in FL with EAD.. but the extension was only for an year eventhough the EAD was for 2-years.
~GCA
Even with H1, they renew the DLs only for a year. That the way FL rolls. I've been renewing every year since 2002.
~GCA
Even with H1, they renew the DLs only for a year. That the way FL rolls. I've been renewing every year since 2002.
rameshvaid
04-08 03:41 PM
PD: August 02 - India
arnet
07-12 02:19 PM
it is highly unfortunate......if you dont mind, what is the new procedure, can we know? which stage u r in now? where u have to start it?
good luck.....
good luck.....
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