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**TKO** This too shall pass

carbon

09-12 01:14 PM

Hi Guys,

I am from India. Can I go to US Embassy in Canada for H1 stamping ?
How to do that. Please someone enlighten me.. last time I heared you
have to go back to your country of origin for H1 stamping. am I wrong.

thanks

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This Too Shall Pass

sreedhar

10-31 08:27 AM

Got EAD and FP...!!! But Receipts Not available in USCIS Automated System.

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Thigh, This Too Shall Pass

abhi_jais

12-03 11:35 PM

I don't think consulate ask details of all employees if size is 5k or more. Further more you can tell officer that it is impossible to get wage details of all employee. I hear some time some desi companies gives w2 of all employees etc.. would consular officer show his/her w2 ? but since our desi companies feeding what they need , they ask what ever...

In this case they did ask for the details of all the employees of the company, probably they want to make sure that the employer has hired some US citizens as well. The company size is about 500-1000 employees. Since they have asked for the employee detail the employer has to provide that information otherwise the employee would not be able to get the visa stamped.

Let's see hoping for the best.

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2011 This Too Shall Pass

This Too Shall Pass

sri1309

05-05 01:02 PM

I'm sure many more states will want this kind of law, and thats what pushes the CIR to the top of the files.

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mirage

01-29 09:43 AM

I'm still Confused you guys are EB3 India SEP why are your applications even looked at ? As far as I knew your applications stay in the big black hole unless your Priority date is current....
It seems we are in synch.
Sep 04

MTR approved in December 09.

RFE for EVL on 23 rd Jan 23 rd.

Replying this week.

Let us see what is in store.

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This Too Shall Pass

GreeNever

06-13 11:18 AM

Folks! MSNBC is organizing a gut check on the immigration issue (though this appears to be on issues related to illegal immigration). It's a message board inviting opinions on immigration with an expert panel set to reply to the meesages posted. Eventually, messages will be short-listed for publishing. We may be able to make an opportunity out of this.

Link: http://www.msnbc.msn.com/id/18826755/

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crystal

07-07 10:31 PM

Why you are spamming all the thread with the same message. We already have two thread for this video Great job.. This is exactly what we need.. National coverage on this issue..


http://www.youtube.com/v/RVhgb6yoc8w

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2010 Thigh, This Too Shall Pass

said This too shall pass)

slowwin

06-23 09:08 AM

If your labor was filed in 2004, you can apply for I-485 if your approved I-140 is ofr EB2.

Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn’t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.

While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.

I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?

Could someone please advice?

Thank you.
--------------------------------------------------------
Immigration saga :

USA GC:

PD: FEB 2007,
I-140 APPROVED, EB2 NIW,
I-485 STATUS PENDING

Canadian PR:

Enquiry on AINP Jan 2008
Formal initial docs sent March 2008
Invitation to apply for Nomination August 2008
Applied for Alberta Provincial Nomination Dec 2008
Provincial nomination received July 2009
Applied for PR at CIC, Buffalo , NY OCT. 2009
Medicals done March 2010
PR visas established, passports sent for stamping June 2010
Landing --- In future

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clif

10-15 07:41 AM

There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.

EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.

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dontcareaboutGC

03-25 01:53 PM

If you have all the PERM case numbers with you then you should be able to find your PD in this link

http://www.flcdatacenter.com/CasePerm.aspx and

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quot;This Too Shall Passquot; on the

brad_sk2

08-14 06:22 PM

But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.

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this too shall pass

HOPE_GC_SOON

07-19 04:35 PM

Thanks Meridiani.

Is TSC doing Pre-adjudication Now a days ? Any Clue Gurus.. Otherwise, we have only 50% Chances.

Let's keep fingers crossed..

Thanks,


preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.

pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.

ur status does not change when your case is pre-adjudicated.

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yestogc

05-31 05:05 PM

Will Obama fool his foot steps ?

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This too shall pass

gaz

11-18 01:36 PM

background -
A friend is currently working full time with a large financial company where there are many layoffs going on. She has 140 approved, but her H1 is valid only till Sept 2009 (6 years complete; no date recoup possible).
H1 extension cannot be filed until 6 months prior to expiry i.e. Apr 2009.

questions -
If she gets laid off (next round of layoffs are expected in dec), can she still:

1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
2) file a new labor and port her PD from the approved 140?
3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?

Thanks in advance!!

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This too shall pass

garybanz

01-11 11:53 AM

How long is your I-485 pending? Ever thought about suing the USCIS? This is still the country of law.


Rajiv Khanna has gone on record about suing USCIS, he says majority of cases don't even get a hearing. Govt uses some kind of a law originally created for handling terror suspects against most of the cases against USCIS. How ever he says California is an exception

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laksmi

12-06 10:54 AM

Increasing H1B quota may not be the good choice, US Economy needs stability in immigration, immigrants should be issue with GreenCards for pending AOS and thereby people can invest to buy house and stay in this country.

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billu

08-23 08:47 PM

H4 visa is the worst possible visa in the world.anytime you file for a h4 visa, there is no premium processing and it usually takes 4-6 months for approval. you cannot work on h4 visa and you are dependent on your spouse. as soon as possible, switch to F1 visa. benefits of F1 visa:

she will have her own status (in future, god forbid, if you lose ur job, you can always stay in US on F2 until you find another job)

she can earn on-campus (20hrs/week) and can have a SSN

after graduation, she will get OPT which will allow her to work immediately after graduation

Some Univs also offer CPT after 9 months of enrollment on which you can work fulltime if your schedule allows (several of my friends started working full time on CPT and took online/weekend courses)

you can get ALL in-state benefits on F1 that you would on H4. as long as you can demonstrate that she has been in the state for more than 6 months/1 year (depending on the state)

Get rid of h4 as soon as possible. that is the worst visa which has kept thousands of professional well qualified persons jobless for years!!

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GC_1000Watt

12-21 05:16 PM

Anyone please advice if I need to get verified the PIMS check before my h1 visa interview at Kolkata, I have an appointment on 1st week of Jan2011.

Please share if anyone has any idea one this

Thanks
-MK

My understanding is since nowadays to get an appointment we are required to fill online form (I guess it's called DS-160) which takes a lot of information about the applicant, the likelihood of PIMS delay etc. will be very less.
Good Luck with your VISA interview. Wear formals and be confident.:)

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purgan

07-27 12:30 PM

Urstruly


I believe your friend and his wife will be fine. They have 180 day+45 day grace period...it is taking NSC quite a while to generate RNs so she will probably get the GC after FY2008 quota is effective in Oct

But seperately I wish I had such good friends:-).

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srikondoji

06-16 08:26 AM

You guys are too quick. I assume this is not an act out of impatience?

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nb_des

02-13 10:17 AM

i spent around 3000$ for studies, could get only 2000$ under lifetime...

is there anyway i can claim the entire 3000?

I don't think you can use both lifetime credit and tution deduction. Lifetime credit is a credit applied directly to amount of tax you owe and tuition deduction reduces your taxable income. You can use only one ( whichever gives you maximum benefit).

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