Saturday, June 18, 2011

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  • aph0025
    11-12 12:15 PM
    Of course, I am assuming your previous status was H-4. If it was F-1 or something else, I don't know if you have valid permit to return to that status

    I was on F1 visa. I had my OPT valid up to the 15th of Jan. 2008. My consultant filed for my H1B to begin from the 1st Oct. 2007. For any one in my situation (F1 to H1B), please do not let go of your valuable OPT time, in lieu of H1B, how much ever influential the consultant is (in terms of getting you a project). They would always want you to begin at the earliest so they can be assured of your services with them. Make sure they put down your begin date, only after the last date of OPT period on the H1B documentation.
    So, in my situation, I do not have a valid reason to re enter the US. That is why I want to get my visa transferred over here. Considering I do not have pay stubs, a lot is dependant on my fate, I guess. Thanks for your reply.




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  • mita
    08-05 06:17 AM
    My husband's I485 was approved yesterday but mine and my son's, no change.
    I got the magic mail today ---Card production ordered!!! Just for me.
    The status of my wife's I485 remains the same ---> Received and pending?

    Any one in similar situation?




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  • nozerd
    12-04 07:32 AM
    Yeah, Id sure be interested in your line of work

    $ 92/hr * 40 hrs/wk * 52 wks/yr = $ 191,360.

    If you have been working since 5 yrs thats enoughh revenue to get investment based GC :)

    Best of luck




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  • sbabunle
    08-23 06:24 PM
    I think in 2000 some of the unused visa's are recaptured and allocated.
    That would be the reason the numbers are not looking exact in each year



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  • rsharma
    07-24 06:58 PM
    rsharma:

    For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.

    So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".

    Thank you attorney Sauer and all other IV members for replying to my question.
    I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
    Do they mean they will not pre adjudicate my case till visa number is available ?
    or
    Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?

    The processing dates are passed my received date and notice date in the processing center where my application is processed.

    Please let me know your thoughts.




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  • kingkon_2000
    06-08 11:59 AM
    I entered the US as a student in Jan '99 and did a couple of trips on my F1 visa and since I got my H1-B approval notice in 2001, I never left until last December '07 and returned with a stamped H1-B visa.

    I would be "ok" if they asked for all returns since 2001 as that's when I actually started working and used the H1-B, but why is he asking for returns from 1999, I have no clue...

    That's why I mentioned it feels like he wants to deny my applicatoin. Can he deny it if I can't produce the returns for '99 and '00 even though I filed my returns and the IRS can't produce evidence that I did or didn't?

    I do have the W-2's from '99 and '00...

    Any ideas/help from senior members or someone that had a similar situation?

    If you have w-2's you just need to fill 1040NR-EZ and send it back to the requesting officer. I don't understand what is the problem in fill a form and signing it and sending in the copies of it... what difference does it make if it was filled in 1999 or 2008 as it will be the same thing.... if they have a problem ask them to verify it with IRS which I am sure they will not able to do as there is no way so they have to accept what you submit... just my $0.02.. ask your attorney about this...



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  • gsc999
    02-16 01:39 AM
    See you there on Sunday




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  • coolvigo
    07-15 04:56 PM
    Check this thread:
    http://immigrationvoice.org/forum/showthread.php?t=20100

    Also check this link where couple ppl spoke with their lawyers and they said we can apply for I-485 by attaching photocopy of old I-140 since we have and are applying for PD port.

    http://www..com/discussion-forums/i485-1/114468227/

    PS - I am also in same boat. I have not been able to talk to my lawyer yet since he is busy :rolleyes:



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  • Berkeleybee
    05-17 01:35 PM
    I listened to President's speech last Monday on immigration.But,he did not mention anything about legal immigration issues. I think ,we should send a memorandum or mass letter from each members of IV to the President.

    We should communicate our problems. If everybody sends letter to the IV Team and they can submit all the letters to the President's Office. What do you think ? Any comments ? Is there any better way of communicating to the President ?

    Va_labor2002,

    The president's speech was focusing on undocumented worker and border security issues because those are the issues that might bring this current version of CIR down.

    Our issues are relatively non-controversial. We also know that the White House is absolutely aware of our issues and fully supportive.

    best,
    Berkeleybee




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  • ocpmachine
    06-17 12:26 PM
    Thanks yganreddy for your input. It might help.

    In my case, the X Ray shows nothing - so I am all clear on that.

    My concern is I don't how big the thing became after the test was done (twice). Once in 1997 when I first came from India and next in 1998 (when i worked in NY Preysbeterian Hosptal and they mandatorily tested for TB via skin test). I have asked for the reports from NY hospital and am hoping that it is less than 10 mm as the civil surgeon says that if the size is bigger than 10 mm, I will have to go through the treatment for TB (even though i have no evidence of active TB). I hope he is wrong.

    I had another question. Can I get the reports from India, when i got the TB test done? I might have the papers at home and will have to search for it or does USCIS not consider the papers from India? I hear a sealed envelope is what is needed from a doctor. In that case, we might be able to try to get in touch with the doctor that did the test and ask for a sealed envelope (showing him the papers he gave us when we got the test done).


    EB3June03,

    Its upto the doctor's discretion to accept an old TB skin test(PPD), my doctor did not consider the old test results, she recommended taking a new PPD test as the test is a snapshot test which indicates the state as of the time of the test and you might be infected with TB since the last test.

    Also, there is a new test as mentioned earlier called Quantiferone-Gold test (QFT-G) which provides better test of TB. However, this test is NOT certified by USCIS.

    Just for clearing the doubt, you can take QFT_G test, if QFT-G result is +ve then you need to undergo treatment, if x-ray is clean and QFT result �ve you are clear of TB. My QFT-G came back as �ve and clean X-ray, however my 693 form was marked �Class B Latent� due to PPD result > 10mm, I am not taking treatment due to �ve QFT but keeping all the paperwork to respond in case of future RFE.

    Disclaimer: I am not a Doctor/Lawyer.



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  • xbohdpukc
    04-02 10:06 AM
    You guys probably verified this already but -

    if you read (the intended) Sec 218D (amendment to the INA) and Sec 602 of S.2454, they do not exclude legal aliens.

    All that is required under 218D is that a person must have been in the US on or before Jan 7, 2004 and have proof of employment.

    Why shouldn't a legal nonimmigrant visa holder apply for AOS under 218D?

    What am I missing here?

    you are missing the whole point: you should've been undocumented on or before Jan 7th 2004




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  • shana04
    07-23 12:58 AM
    Shana,

    Once you take the infopass appointment, you can go to your local office (indicated on the appointment) and wait in the line/queue and ask your questions them when they call your number.

    It's simple process.

    Thanks

    Thanks pcjandyala



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  • snathan
    04-20 12:40 AM
    Hi Guys,

    I got the good news to share every one. got the approval . its wonderful

    On 04/12/2009 it was denied and how come its approved on 04/18/2009. Are you kidding me




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  • justin150377
    06-22 09:27 AM
    any advice?



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  • gcdeena
    02-01 09:47 AM
    Congrats! Enjoy your freedom!!!




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  • Beta_mle
    02-20 06:52 PM
    Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.

    Thanks for your response, Roseball. I really appreciate this community where we can share information and ideas and people like you who share. I gave you green by the way.

    Upon further review, I have realized that his 485 was filed when he was in status, ie after his H4 had been extended again. I got mixed up because we had a previous set of 485 applications which were withdrawn on a technicality and when answering previously I looked at the wrong one. The current pending applications happened after we had re-applied and were approved with no trouble at all. I surmise therefore based on your previous post that we should be in good standing and have no trouble when it comes to adjudication? What do you think? I might still consider going to get a stamp, just in case, or is this overkill?

    Thanks!



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  • snathan
    04-13 09:29 AM
    Gurus, your inputs please: Can I take up a position in India with an American Firm while on H1B?

    You can take any position anywhere with anyone...H1B is only if you want to work in the US




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  • GCwaitforever
    08-17 08:58 AM
    I would not advise people to move to UK without a job offer either. I read in the documents that the VISA is granted for 2 years.




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    desi3933
    05-14 11:41 AM
    ......

    My H-1B and COS has been approved now.

    Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?

    ......


    Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.

    Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.


    ______________________
    Not a legal advice.
    US citizen of Indian origin

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    Leo07
    02-09 10:24 AM
    When the H1B is for 3 years, having you sign the contract for for 4 years is a quite stretch. I have signed such contracts before, it's usually not more than 6 months to 1 year (max). Please consult a able attorney, you are likely to have a valid case and make some money too:)



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