saurav_4096
03-28 10:56 AM
Thanks everyone for reply, I feel much better now.
I had posted query to my attorney and looks like they sat on this and never replied.
Regards
Saurav
I had posted query to my attorney and looks like they sat on this and never replied.
Regards
Saurav
krishnam70
05-05 04:16 PM
I still don't have my GC(based on an Engineering position) but took up a managerial position within the same organization.. IMO, its a risk worth taking.. If I were you, I would take the new position, switch over to EAD and not apply for the H1B extension..
If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.
If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.
I will leave it to the experts to argue the merits or demerits of this
Good luck though
- cheers
kris
If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.
If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.
I will leave it to the experts to argue the merits or demerits of this
Good luck though
- cheers
kris

sbmallik
09-10 10:00 AM
I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.
Thanks
Theo
Was your I-140 petition filed when you changed your status from H-1B to TN? In my opinion, it is the I-140 petition that discloses immigration intent. However, as the previous poster mentioned, your employer can extend H-1B after the I-140 approval. Till then I think you have to continue on TN status.
Thanks
Theo
Was your I-140 petition filed when you changed your status from H-1B to TN? In my opinion, it is the I-140 petition that discloses immigration intent. However, as the previous poster mentioned, your employer can extend H-1B after the I-140 approval. Till then I think you have to continue on TN status.
Raj Iyer
09-23 04:00 PM
Omi:
In that scenario, you must the start the process all over again if you leave the company. You can retain the priority date of the approved I-140 petition.
In that scenario, you must the start the process all over again if you leave the company. You can retain the priority date of the approved I-140 petition.
more...
pappu
03-18 11:33 AM
I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
Please correct your profile with real details so that it helps everyone. Thanks.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
Please correct your profile with real details so that it helps everyone. Thanks.

Googler
07-18 08:31 PM
Clockwork and others please note that the pdf version of the Standard Operating Procedure is from 9/28/01 -- a lot has changed since.
more...
mdross2
11-26 12:39 PM
Thank you so much for your response.
So If I understand correctly I will have to staple the current I-94 (bottom part of I-797) from company C to my original I-94 in the passport i.e the I-94 I got at the time of entry (the one which has the company A info , I mean the type of visa , valid till etc.)
What abt the I-94 from company B(the one which I have the copy of) . Does it need to be stapled too while I am leaving US ? If yes, can I staple the copy ?
Thanks again for your time.
So If I understand correctly I will have to staple the current I-94 (bottom part of I-797) from company C to my original I-94 in the passport i.e the I-94 I got at the time of entry (the one which has the company A info , I mean the type of visa , valid till etc.)
What abt the I-94 from company B(the one which I have the copy of) . Does it need to be stapled too while I am leaving US ? If yes, can I staple the copy ?
Thanks again for your time.
chanduv23
07-31 05:33 PM
I personally think, contacting lawyer for tracking number is not breach of contract.
Try your HR first, give some time. Then sseend a decent reminder - tell them how important it is say ur wife has to travel etc...
Then send some pleasant emails to lawyer office, call them. Copy your HR also.
Try your HR first, give some time. Then sseend a decent reminder - tell them how important it is say ur wife has to travel etc...
Then send some pleasant emails to lawyer office, call them. Copy your HR also.
more...
JazzByTheBay
08-01 08:36 PM
It would probably be OK... but as you've rightly guessed, and given the fact that USCIS hasn't really outlined any plans to demonstrate how the extra money will be spent and whether it will guarantee better and faster service measured by a dramatic reduction in processing times, this money is probably going towards enforcement.
It's probably DHS getting the money (not USCIS directly - the checks I wrote were for DHS, iirc).
jazz
I guess people are willing to shell out few extra hundreds as long as it expedites the process. Anyway thousands are being spent on attorney's instead if all this money goes to USCIS, atelast things gets done faster. Ofcourse the string attached to this is that the money should be spent for improving process rather than fattening the pockets of few. I am also told that most of the fee money goes towards the Border security ( May be taking money from legal applicants to curb illegals)
It's probably DHS getting the money (not USCIS directly - the checks I wrote were for DHS, iirc).
jazz
I guess people are willing to shell out few extra hundreds as long as it expedites the process. Anyway thousands are being spent on attorney's instead if all this money goes to USCIS, atelast things gets done faster. Ofcourse the string attached to this is that the money should be spent for improving process rather than fattening the pockets of few. I am also told that most of the fee money goes towards the Border security ( May be taking money from legal applicants to curb illegals)

feedfront
10-16 03:03 PM
I used AP first time to enter. I had to go thru 2nd inspection where I was instructed to sit and after 15-20 mins, I got my AP back with stamped. I had applied for H1B visa also in India and it got stuck into 'administrative processing'. After extending my stay by 1 week, my employer/attorney suggested to use AP to enter. I did not had any issue @SFO POE even though my visa application is still under 'administrative processing'.
more...
ajain
05-27 03:10 AM
hi,
I am confused about whether to suggest 'member of the professions holding an advance degree" or "an alien of exceptional ability" for my NIW petition. What is the criteria to select one over the other? I have a MS/PhD from a US university. Proving to be exceptional is certainly difficult, but then holding an advanced degree may not be enough of a criteria for a successful petition.
Thanks.
I am confused about whether to suggest 'member of the professions holding an advance degree" or "an alien of exceptional ability" for my NIW petition. What is the criteria to select one over the other? I have a MS/PhD from a US university. Proving to be exceptional is certainly difficult, but then holding an advanced degree may not be enough of a criteria for a successful petition.
Thanks.
waitingimmigrant
10-21 03:54 PM
I just called Senate Judiciary committee 202 224 7703 asking about
the status of S. 1085 that talks about unused visa number capture...
She mentioned that they are reviewing it this fall ....
will appreciate if any one has any other information
the status of S. 1085 that talks about unused visa number capture...
She mentioned that they are reviewing it this fall ....
will appreciate if any one has any other information
more...
texanguy
05-10 05:56 PM
Dear friends,
has anyone applied for an endorsement of new passport information on PIO card with Travisa? How long did it take them to do it?
Also, does anyone know if they accept walk-in applications? (Houston)...
has anyone applied for an endorsement of new passport information on PIO card with Travisa? How long did it take them to do it?
Also, does anyone know if they accept walk-in applications? (Houston)...
andy garcia
01-03 03:04 PM
Does it mean that the full case will be covered in 15 days or till the query is send if any... Hope i am being clear..
What my concern is after the query is send and replied, still the 15 day limit stays or it loses that and goes back to the normal processing.
Thankyou
PPS provides faster processing of certain EB petitions and applications. Specifically, USCIS provides 15 calendar day processing to those who choose to use this service or USCIS will refund the PP fee and the relating case will continue to receive faster processing.
The processing period that is used to determine whether or not USCIS meets the 15 calendar day period will begin when the current version of Form I-907, Request for PPS, is received by USCIS at the correct filing address noted on the form. Within the 15 day calendar period USCIS will issue an approval notice, or a NOID, a RFE or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar day period will begin upon the delivery to USCIS of a complete response to the RFE or NOID.
The information above is from the CIS page:
How Do I Use the Premium Processing Service?
What my concern is after the query is send and replied, still the 15 day limit stays or it loses that and goes back to the normal processing.
Thankyou
PPS provides faster processing of certain EB petitions and applications. Specifically, USCIS provides 15 calendar day processing to those who choose to use this service or USCIS will refund the PP fee and the relating case will continue to receive faster processing.
The processing period that is used to determine whether or not USCIS meets the 15 calendar day period will begin when the current version of Form I-907, Request for PPS, is received by USCIS at the correct filing address noted on the form. Within the 15 day calendar period USCIS will issue an approval notice, or a NOID, a RFE or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar day period will begin upon the delivery to USCIS of a complete response to the RFE or NOID.
The information above is from the CIS page:
How Do I Use the Premium Processing Service?
more...
gotgc?
08-13 10:49 AM
bumping...
clockwork
07-18 05:36 PM
just emailed... it should have 4 pdf files.
Yeah received it. Posting shortly. Could you please remove my id from ur follow up post. Just want to avoid future junk mails :)
Yeah received it. Posting shortly. Could you please remove my id from ur follow up post. Just want to avoid future junk mails :)
more...
mzafar125
11-07 02:12 PM
Folks,
I have a question regarding filing the I-140 application. Can I use experience gained in my current job on my I-140 application. When my lawyer filed my application he stated that the applicant needed an undergrad degree and two years of work experience. I had two years worth of work experience in my current company when my application was filed with the department of labor.
My lawyer said that I can use experience gained in my current job prior to my labor being filed. Is this correct or is he giving me the short end of the stick ? I would appreciate any help you can provide me.
Labor approved
Applying for I-140
Priorty date 10/2002
ROW
Thanks again
I have a question regarding filing the I-140 application. Can I use experience gained in my current job on my I-140 application. When my lawyer filed my application he stated that the applicant needed an undergrad degree and two years of work experience. I had two years worth of work experience in my current company when my application was filed with the department of labor.
My lawyer said that I can use experience gained in my current job prior to my labor being filed. Is this correct or is he giving me the short end of the stick ? I would appreciate any help you can provide me.
Labor approved
Applying for I-140
Priorty date 10/2002
ROW
Thanks again
msp1976
05-19 10:12 PM
Sec 520(e) of the Cornyn Amendment SA 4005 requires that all backlogs be eliminated in six monts. If we are not behind this amendment, perhaps we should try to copy this provision into Brownback's?
I had not read that one...If cornyn amdmt gets through we are in a good shape then...
I had not read that one...If cornyn amdmt gets through we are in a good shape then...
seltzer
02-12 03:42 PM
Yes, that is not only possible, but safer than using EAD. If your I-485 is denied for whatever reason, you still have H1-B with which to keep working. Once you use EAD, you lose H1-B status, and if I-485 is denied, you are out of status and must leave the country immediately.
newbie2020
08-11 09:47 AM
Since it is a new H1 I would say unless the petitioning employer is not co-operating, Then you don't have any other choice. You need to wait until next April for new H1.
Did u try to go to another consulate, Say Mumbai or Chennai or Kolkata.
I am not sure if that would work, since i have heard that consulate will sometimes hold the passport and/or stamp on the back that this application was received.
If you are able to go to another consulate go ahead and check your luck, sometimes they don't ask anything for documentation (This happened with me twice)
Did u try to go to another consulate, Say Mumbai or Chennai or Kolkata.
I am not sure if that would work, since i have heard that consulate will sometimes hold the passport and/or stamp on the back that this application was received.
If you are able to go to another consulate go ahead and check your luck, sometimes they don't ask anything for documentation (This happened with me twice)
jcrajput
10-12 11:18 AM
We are planning to get our passort stamped (H1B/H4) at Mumbai consulate. Does anyone know how many pay-stubs I will need from my current employer? Can anyone please share their experience?
Thanks a lot.
Jignesh
Thanks a lot.
Jignesh


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