arnet
10-26 02:34 PM
Original I-797s should be with us, they can have copy but not original, call VFS where your wife attended interview and enquire why they took it and request them to return it.
if they say they dont have it, I think no need to worry since your wife has already got stamped, and if anybody asks for her I-797, she can show xerox copy of her I-797.
Otherwise if you think you need original I-797, I think you can apply for duplicate copies from USCIS, they will charge some fee for extra copies, check with USCIS or your attroney who filed your H1 & her H4 for the procedure.
Diclaimer: I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
They took her original 797 approval notice away....it did confuse her and also me.
She just got her stamped passport back in courier yesterday, but there was no 797 with it.
Should we contact the consulate for it?
if they say they dont have it, I think no need to worry since your wife has already got stamped, and if anybody asks for her I-797, she can show xerox copy of her I-797.
Otherwise if you think you need original I-797, I think you can apply for duplicate copies from USCIS, they will charge some fee for extra copies, check with USCIS or your attroney who filed your H1 & her H4 for the procedure.
Diclaimer: I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
They took her original 797 approval notice away....it did confuse her and also me.
She just got her stamped passport back in courier yesterday, but there was no 797 with it.
Should we contact the consulate for it?
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h1bemployee
06-23 05:47 PM
if I apply for a new H1 transfer , can I start working after getting the receipt?
Desertfox
10-30 08:51 PM
My lawyer confirmed that we can apply for renewal 6 months prior to expiration date.
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simple1
05-11 06:49 PM
desi3933,
Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"
In this case they are eligible for FB2A. So it nullifies that.
again “respective subsection” is not referring to primary’s subsection.
same status = parolee, denied etc.
same order of consideration = PD order.
respective subsection=the respective/related/corresponding subsection of derivative not the primary.
This point was already discussed on member's and donor's thread with same subject.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449
This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.
Thanks.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"
In this case they are eligible for FB2A. So it nullifies that.
again “respective subsection” is not referring to primary’s subsection.
same status = parolee, denied etc.
same order of consideration = PD order.
respective subsection=the respective/related/corresponding subsection of derivative not the primary.
This point was already discussed on member's and donor's thread with same subject.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449
This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.
Thanks.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
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shx
06-29 03:13 PM
This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
acecupid
08-19 09:38 PM
If you renew your passport in US it takes approx 5-6 working days. I have done that at san francisco indian consulate. In India it may take weeks or even more than a month unless you have some connections. You know how things work in India...
I dont think you should have problems even at POE with passport expiring less than 6 months. I would suggest try to renew it in US if you have time or dont renew it at all till you come back to US. Trying to do it in India might cause delays.
I dont think you should have problems even at POE with passport expiring less than 6 months. I would suggest try to renew it in US if you have time or dont renew it at all till you come back to US. Trying to do it in India might cause delays.
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gccovet
08-20 03:40 PM
@acecupid: Thanks for the response. For me it is Chicago consulate it will take 10-15 days.
which comes pretty close to my travel date. As you mentioned i do hope it will not be a problem.
Also today I talked to the Indian consulate in Chicago they told me I can travel without any problem. As long as the passport is valid even it is the last day of the validity I should be fine with the travel. There shouldn't be a problem with the immigration officers during travel based on that.
@kanakabyraju: Thanks for the advise. I might try that.
For a valid visa stamp you need a passport with six month validity. But I have not seen any where for traveling you need a six month validity. If you personally experienced any problem while traveling with less than six valid passport. please post your experience it will help me and others.
Thanks,
One note, at PoE, IO might grant I-94 only upto your passport validity date, Once you have new passport after coming back, you will have to contact your local CBP office to extend your I-94.
GCCovet
which comes pretty close to my travel date. As you mentioned i do hope it will not be a problem.
Also today I talked to the Indian consulate in Chicago they told me I can travel without any problem. As long as the passport is valid even it is the last day of the validity I should be fine with the travel. There shouldn't be a problem with the immigration officers during travel based on that.
@kanakabyraju: Thanks for the advise. I might try that.
For a valid visa stamp you need a passport with six month validity. But I have not seen any where for traveling you need a six month validity. If you personally experienced any problem while traveling with less than six valid passport. please post your experience it will help me and others.
Thanks,
One note, at PoE, IO might grant I-94 only upto your passport validity date, Once you have new passport after coming back, you will have to contact your local CBP office to extend your I-94.
GCCovet
2010 Justin+ieber+2011+new+
unit
09-16 07:43 PM
Thank you for your responses.
My situation is different, since my 485 is not yet approved (PD Dec 2006 EB2).
Company A applied for my GC (140 approved and 485 filed in July 2007), but I have never worked for company-A. I had been working for company-B during all these on H1. However I am now with company-C for last 6 months using EAD.
I have never done the AC-21, since my lawyer said that is not required since I was with company-B and did not change jobs in between.
In my case, company-A is not closing down, and I am willing to work for them after 6 months or so.
My question is are there any risks in my 485 in this context?
Should I be moving to company-A to reduce any risk?
Would appreciate your responses in this.
My situation is different, since my 485 is not yet approved (PD Dec 2006 EB2).
Company A applied for my GC (140 approved and 485 filed in July 2007), but I have never worked for company-A. I had been working for company-B during all these on H1. However I am now with company-C for last 6 months using EAD.
I have never done the AC-21, since my lawyer said that is not required since I was with company-B and did not change jobs in between.
In my case, company-A is not closing down, and I am willing to work for them after 6 months or so.
My question is are there any risks in my 485 in this context?
Should I be moving to company-A to reduce any risk?
Would appreciate your responses in this.
more...
LostInGCProcess
11-13 03:43 PM
With his executive power he could expedite the adjudication of I-485. Call President Bush. :D
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gc_maine2
07-12 02:11 PM
http://immigrationvoice.org/forum/showthread.php?t=6319
In this thread people are discussing mostly for the July 485 cases, so the name is not exactly the "485 rejection", but similar situations are discussed here.
Thanks
Do you know which thread? I tried some searching but I found a poll but not the details of 485 that were rejected
In this thread people are discussing mostly for the July 485 cases, so the name is not exactly the "485 rejection", but similar situations are discussed here.
Thanks
Do you know which thread? I tried some searching but I found a poll but not the details of 485 that were rejected
more...
GEEVER
January 30th, 2008, 11:06 AM
I've Just Started Photo Classes A Couple Of Months Ago...i Just Wanna Buy Something That I Can Afford Now Just To Get Used To The Idea...i Was Looking For Those Sony Cybershot... I Really Don't Know How They Work..but They're Cheap I Think, Then I Went To Nikon's And Saw More Powerful Cameras At 3times The Price Of A Cybershot..!!!! Would U Recommend A Sony? I'll Obviuosly Buy A Better One On Time, When I Get More Professional =)
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dallasdude
09-25 10:24 AM
http://www.reason.com/images/07cf533ddb1d06350cf1ddb5942ef5ad.jpg
Enjoy
Enjoy
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yabadaba
06-28 03:13 PM
^^^
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sunilsj
01-21 02:10 PM
Like I mentioned earlier, I personally know 2 cases as I am writing this. Both visited Mumbai office and both are stuck with 221(g). It may not therefore be generalized that Mumbai is better or worse than any other place. It is a matter of who you encounter with, timing and luck.
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venetian
07-06 12:16 PM
Thanks to wandmaker & acecupid for the response.
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immigrationmatters30
06-04 07:54 AM
1- how will be the process and how much are the fees?
--You employer should handle this. You do not have to pay for anything. Paying for H1B fees is illegal and you should be avoid employers asking you to pay for H1B fees.
2- How long does it take?
Depends on how your employer files. If the employer files in premium processing, you should know the status in 15 days(assuming they don�t ask for any other documentation)
3- Do I have to go back to my home country to get the new stamp for extension?
After your extension is approved you can stay and work in US but if you travel outside of the country then you need to get VISA stamping.
4- Is there any way to renew it in USA?
No
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
-Not really.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
You should get your originals back. Next time you go for stamping they will ask for original, duplicates will not be entertained.
7- Is there anything else that my employer and I should know and consider?
You- Make sure you have real paying job in US with your employer.
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
--You employer should handle this. You do not have to pay for anything. Paying for H1B fees is illegal and you should be avoid employers asking you to pay for H1B fees.
2- How long does it take?
Depends on how your employer files. If the employer files in premium processing, you should know the status in 15 days(assuming they don�t ask for any other documentation)
3- Do I have to go back to my home country to get the new stamp for extension?
After your extension is approved you can stay and work in US but if you travel outside of the country then you need to get VISA stamping.
4- Is there any way to renew it in USA?
No
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
-Not really.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
You should get your originals back. Next time you go for stamping they will ask for original, duplicates will not be entertained.
7- Is there anything else that my employer and I should know and consider?
You- Make sure you have real paying job in US with your employer.
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
more...
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paskal
11-09 01:16 PM
I assume that all information provided will be kept private
all contact info is for internal iv use ONLY!
all contact info is for internal iv use ONLY!
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speddi
10-04 10:05 AM
finally found someone who is interested from Alabama..I am in Birmingham, Alabama.
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goosetavo
01-31 12:14 AM
By jumping ahead with high-skilled immigrants of course! =D
Great press release IV, great to see IV getting out there. Now it's time to knock on some doors in our local districts.
Great press release IV, great to see IV getting out there. Now it's time to knock on some doors in our local districts.
abhisam
07-09 06:31 PM
You said your employer is agreable, in that case, If you did not get your EAD before your current EAD expires, you can choose to work for free for those days and try to get paid for it after your EAD comes in effect.
Or even if you don't get paid for it, you are building some good will and you are not jeopardizing your job. It will definitely keep you in the good books of this employer.
Yes Augustus, thats a good idea. my employer will understand and I will continue to work. but will ask him not to pay me for the duration.
Or even if you don't get paid for it, you are building some good will and you are not jeopardizing your job. It will definitely keep you in the good books of this employer.
Yes Augustus, thats a good idea. my employer will understand and I will continue to work. but will ask him not to pay me for the duration.
genscn
01-29 12:22 PM
Is there something wrong with Indian Consulate-Houston's website? http://www.cgihouston.org/
Are they close for some reason?
Are they close for some reason?
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