logiclife
06-01 07:04 PM
First of all, make sure you double check everything I say here with an immigration lawyer. I am not an immigration lawyer and my knowledge is based on forums like these.
Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.
If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.
Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.
If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.
Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
desixp
08-31 11:36 PM
Intresting topic in NYTimes.com
http://www.nytimes.com/2009/08/31/us/31elder.html?_r=1&em
http://www.nytimes.com/2009/08/31/us/31elder.html?_r=1&em
Libra
09-14 04:00 PM
Pradhan is being interview on EBC radio....now
Whats the 30,000? I'm not listening
Whats the 30,000? I'm not listening
hojo
09-05 09:36 PM
awesome splash dan
more...
GCAmigo
12-21 08:20 PM
Not so important - W2 statements for the years in the US as well as tax returns.
was the only Document they saked me to show @ Chennai Consulate in Jun'06..
was the only Document they saked me to show @ Chennai Consulate in Jun'06..
liorsal
01-14 02:53 PM
Only H1 reform is likely by feb 15th.
what about 485 relief????????
what about 485 relief????????
more...
singhsa3
11-15 10:47 AM
What a shame and Ignorant people we are trying to motivate...
madaram
08-09 11:25 AM
pls read what sensenbrenner has to say.
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2006/08/09/EDGOBIQ0KA1.DTL
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2006/08/09/EDGOBIQ0KA1.DTL
more...
sanjeev_2004
10-04 02:03 PM
Saeed,
I 140 can processed through premioum process from last week.
Can you tell what was state of filing your GC labor. My company filed from IL in july 2004 in EB2-RIR case. My Labor is still in process. Though I got 45 days latter in March.
sanjeev
I 140 can processed through premioum process from last week.
Can you tell what was state of filing your GC labor. My company filed from IL in july 2004 in EB2-RIR case. My Labor is still in process. Though I got 45 days latter in March.
sanjeev
gene-O
10-20 05:57 PM
Still looking for a knowledgeable response specifically to the questions asked.
more...
Munna Bhai
01-10 04:09 PM
munabhai
i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.
what that RFE was for?? education or pay??
i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.
what that RFE was for?? education or pay??
reddy77
03-08 08:06 AM
I have a quick question on salary issue with 485. My EB2 I-140 states that my yearly salary 87k per annum. It got approved last year. I realized that my w-2 only reflects 64k for last year. I did not work for 2 months because of some personal reason. Is this less salary going to affect my 485 application? I thougt, GC is for future jobs so its okay. Can somebody please clarify this ?
I believe the salary mentioned in the labor is the future salary, That means you should be paid that much after you got your GC. It is not the present salary...
I believe the salary mentioned in the labor is the future salary, That means you should be paid that much after you got your GC. It is not the present salary...
more...
manja
06-29 02:34 PM
My employer does not pay for dependent health insurance and I want to buy insurance for my wife. Does anyone know of any plan that covers pregnancy? So far I could not find one. I'm living in Texas.
Thanks.
Thanks.
chanduv23
11-06 10:08 AM
I believe you are in New York. Next time try the direct flight from Mumbai to Newark. I heard thats the best my friend just tried it and he was going gaga about it. I am sure your inlaws can manage Chennai to Mumbai. What are the chances u can find someone who can speak Tamil ,Telgu in Mumbai than in Brussles or any other stopoever in Europe. :-)
Air India (direct Mumbai to JFK) is Rs 70,000 INR and Jet Airways is giving promotional offer rs 47,000 INR in January 2nd week, which is peak season.
Lufthansa, Emirates, KLM are all in Rs 57,000 to Rs 65,000 INR range.
Only thing we are worried about is connecting in Burssels, I guess that should be fine if we ask for a wheelchair.
Thanks for all your inputs.
Air India (direct Mumbai to JFK) is Rs 70,000 INR and Jet Airways is giving promotional offer rs 47,000 INR in January 2nd week, which is peak season.
Lufthansa, Emirates, KLM are all in Rs 57,000 to Rs 65,000 INR range.
Only thing we are worried about is connecting in Burssels, I guess that should be fine if we ask for a wheelchair.
Thanks for all your inputs.
more...
LayoffBlog
01-27 01:32 PM
With a second successive quarterly loss on the cards for ING Group NV, the company plans to layoff 7,000 employees, and appoint Jan Hommen - the present chairman of the ING board, and the former chief financial officer of Philips Electronics - as its new CEO in the place of the current chief executive Michel [...]http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1239&subd=layoffblog&ref=&feed=1
More... (http://layoffblog.com/2009/01/26/ing-group-to-layoff-7000-employees/)
More... (http://layoffblog.com/2009/01/26/ing-group-to-layoff-7000-employees/)
webm
01-23 10:19 AM
Sounds great..esp TSC dates.
more...
pradeep_s
12-20 11:01 PM
Hi Msyedy,
Thanks for clarifying. What I know is I did not need a labor approval as my case was national interest waiver (NIW, EB2). I have I-140 approval notice, I-797 (Notice of action for H1b). For H1b also, there is a similar 'labor approval', but I do not have any papers to show that. I was told to take my waiver approval (foreign residency requirement- waiver), and I-797, and I-140 approval.
Thank you,
pradeep
Thanks for clarifying. What I know is I did not need a labor approval as my case was national interest waiver (NIW, EB2). I have I-140 approval notice, I-797 (Notice of action for H1b). For H1b also, there is a similar 'labor approval', but I do not have any papers to show that. I was told to take my waiver approval (foreign residency requirement- waiver), and I-797, and I-140 approval.
Thank you,
pradeep
cris
08-30 09:28 AM
Immigration gurus, need your advice ASAP
my current H1B visa expires 03/07 . If I can fill for extension and while petion is pending with USCIS for processing can I travel outside USA ?
I asked lawyer to apply for extension first week of september . I have I140 approved and he will request 3 years increment .
my job requires traveling outside USA and I'm wonder if I can travel back and forth until petition is approved .
I know that after approval I need to get visa stamp .
Your quick inputs will be highly appreciated
thank you in advance
my current H1B visa expires 03/07 . If I can fill for extension and while petion is pending with USCIS for processing can I travel outside USA ?
I asked lawyer to apply for extension first week of september . I have I140 approved and he will request 3 years increment .
my job requires traveling outside USA and I'm wonder if I can travel back and forth until petition is approved .
I know that after approval I need to get visa stamp .
Your quick inputs will be highly appreciated
thank you in advance
nmdial
11-23 08:59 AM
My sister was denied a visitor's visa in the summer of this year at Delhi:
1. She was told that they have a policy of denying visas to young unmarried women who are student.
2. She is currently a PhD student in India.
3. They did not ask any more question.
1. She was told that they have a policy of denying visas to young unmarried women who are student.
2. She is currently a PhD student in India.
3. They did not ask any more question.
roseball
03-17 11:52 PM
You can try re-sending the pkt with a label in bright color with text "Not to be opened by mailroom" so the package can be opened by an IO..Include a cover letter with the details/proof of your earlier application....You can give this a shot but its solely upto the IO to decide whether he accepts your application or not..In the meantime, I would also start a fresh LC process....Sorry about your situation, but there is nothing you can do.....One more case of lawyer screw up......
interested
01-18 01:34 PM
Humanitarian Parole was specially created for cases like this. You can apply at the US Embassy. Your wife can apply for Humanitarian parole at the same time and it must be decided by the staff at the Embassy. Of course, you can also apply in the US if at the Embassy doesn't work but I hope that you don't have to do this. Contact the office of the Ombudsman at USCIS in your city. They can help.
Hi, I'm in a desperate situation.I am an asylee and have filed for my LPR.My asylee relative petition has been approved for my wife.
My problem is: a have a newborn baby who resides with my wife outside US and the US Embassy did not issue him any kind of visa,since my wife went for the interview after the petition was approved.She is all set and done,but my baby got born after I've been granted asylum and couldn't file the asylee relative petition for him.The law says that babies born after the asylum decision are not eligible for derivative asylum.I read that Humanitarian Parole would be a solution for these cases,but the officer at the embassy claimed that I should file a relative petition for him ,or file for humanitarian parole here in the US.
My question is can my wife file for Humanitarian Parole at the US embassy,or is there any other way
I read that US Embassies abroad are authorized to issue humanitarian paroles.I think this is the mos inhuman decision I ever heard of and it's about my baby.
I would really appreciate any help
(This is what I found on the internet)
QUESTIONS SUBMITTED FOR NSC CONFERENCE CALL
REFUGEE/ASYLEE ISSUES
FEB. 28 2008
5) I-730 CASE or HUMANITARIAN PAROLE? What can be done for the
beneficiary spouse of an I-730 Asylee Relative petition if she gets
pregnant and has a child (from the petitioner, of course) after the
petitioner was granted asylum �therefore this new child is not considered
a derivative- but before she completes the Visa 92 process at the US
Embassy. Does the US Embassy have the authority to parole the
newborn child for him to join the rest of the family in the US?
Answer: If the child was in utero at the time of the asylum grant the
regulations provide benefit to that child as a derivative under 208.21(b). If
the child was not in utero and the relationship with the child was after the
asylum grant, then a I-730 petition can not be filed on behalf of this child.
The U.S. Embassy does have the authority to grant a humanitarian parole
and that would need to be addressed with the U.S. Embassy.
Hi, I'm in a desperate situation.I am an asylee and have filed for my LPR.My asylee relative petition has been approved for my wife.
My problem is: a have a newborn baby who resides with my wife outside US and the US Embassy did not issue him any kind of visa,since my wife went for the interview after the petition was approved.She is all set and done,but my baby got born after I've been granted asylum and couldn't file the asylee relative petition for him.The law says that babies born after the asylum decision are not eligible for derivative asylum.I read that Humanitarian Parole would be a solution for these cases,but the officer at the embassy claimed that I should file a relative petition for him ,or file for humanitarian parole here in the US.
My question is can my wife file for Humanitarian Parole at the US embassy,or is there any other way
I read that US Embassies abroad are authorized to issue humanitarian paroles.I think this is the mos inhuman decision I ever heard of and it's about my baby.
I would really appreciate any help
(This is what I found on the internet)
QUESTIONS SUBMITTED FOR NSC CONFERENCE CALL
REFUGEE/ASYLEE ISSUES
FEB. 28 2008
5) I-730 CASE or HUMANITARIAN PAROLE? What can be done for the
beneficiary spouse of an I-730 Asylee Relative petition if she gets
pregnant and has a child (from the petitioner, of course) after the
petitioner was granted asylum �therefore this new child is not considered
a derivative- but before she completes the Visa 92 process at the US
Embassy. Does the US Embassy have the authority to parole the
newborn child for him to join the rest of the family in the US?
Answer: If the child was in utero at the time of the asylum grant the
regulations provide benefit to that child as a derivative under 208.21(b). If
the child was not in utero and the relationship with the child was after the
asylum grant, then a I-730 petition can not be filed on behalf of this child.
The U.S. Embassy does have the authority to grant a humanitarian parole
and that would need to be addressed with the U.S. Embassy.
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