desi3933
03-18 09:06 AM
What are the rules for getting a new 3 X 2 year H1.
Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
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lonedesi
06-02 04:02 PM
Everyone, please write to USCIS Ombudsman's office and complain about the issues we are having dealing with USCIS. Also, seek their assistance in having USCIS process our applications in a FIFO manner especially for the transferred cases. Also write to them about slow down in I-140 processing and requesting them to reinstate PP for I-140 petitions. Unless we write and put some presurre, things will not change. You can write about any of the issues you are facing with USCIS as they are available to assist us. I think its worth a shot for us folks.
--------------------------------------------------------------------------
CIS Ombudsman - Send Your Recommendations
Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.
Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.
The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.
Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Please note: If you are attempting to submit a case problem to the attention of the CIS Ombudsman, please follow the instructions listed under Case Problems.
Please note that the CIS Ombudsman is not part of USCIS. The CIS Ombudsman is a separate office within the Department of Homeland Security dedicated to improved national security, efficiency, and improved customer service in the immigration benefits process.
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
--------------------------------------------------------------------------
CIS Ombudsman - Send Your Recommendations
Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.
Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.
The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.
Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Please note: If you are attempting to submit a case problem to the attention of the CIS Ombudsman, please follow the instructions listed under Case Problems.
Please note that the CIS Ombudsman is not part of USCIS. The CIS Ombudsman is a separate office within the Department of Homeland Security dedicated to improved national security, efficiency, and improved customer service in the immigration benefits process.
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
sixpockets
06-14 05:41 AM
I am also in the same boat, 140 was filed in March 07, file at TSC. The attorney never received the original LCA. Could not do premium processing for 140.
NOW the big question is, can I apply 485 since my PD is current now?
NOW the big question is, can I apply 485 since my PD is current now?
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kate123
08-22 04:59 PM
http://timesofindia.indiatimes.com/US_faces_reverse_brain_drain_says_study/articleshow/2302417.cms
more...
vin33t
01-26 08:12 PM
After i left my employer, I filed a B2 visa application on 6th Oct 2010. I got RFE on 5th Jan 2011, which has to be replied till 7th Feb 2011.
RFE has following
1. reason : I will be providing vacation n wrap-up.
2. passport details : i have it
3. date for extension : ? question how much should i ask for in accordance with my reason, so the visa would not get denied, if i say 6 months will it start from the date of application i.e 6th Oct 2010. ? I was thinking 6 months is ok for me and should be approved.
4. financial ability : ? question. in rfe they are asking me to prove financial ability for extension. they say documents can be bank statements, sponsor support letter with this documents and I-134 affidavit of support. however as i do not have any sponsor and i am filing a COS, i was thinking to provide a good letter stating i will be self sponsoring, saying i need some time for a small vacation in usa and to wrap up things. i have increased my bank balance to 20,000 this month, i will show the statement with this amount. Do i really need some one's sponsorship or i can just provide my own self sponsor letter and my bank balance.
5 Question : If i leave to india lets say before the RFE is submitted, then will this b2 application becomes invalid ? or it will continue . If it becomes invalid will my stay from the date of b2 application till application becomes invalid count as out of status ?
6. Question : if i leave to india before decision of b2 but after submitting RFE, then will this b2 application becomes invalid ? or it will continue . If it becomes invalid will my stay from the date of b2 application till application becomes invalid count as out of status ?
7. Will this denial of b2 visa cause me any problems for coming back in USA later on if i leave to india before b2 decision.
8. What is the best thing to do, wait for b2 result, or i can leave when ever i want to, if i get a job and before b2 result some employer does h1 to h1 transfer and i submit a letter to USCIS saying vacation n wrap up things , how it will affect me.
RFE has following
1. reason : I will be providing vacation n wrap-up.
2. passport details : i have it
3. date for extension : ? question how much should i ask for in accordance with my reason, so the visa would not get denied, if i say 6 months will it start from the date of application i.e 6th Oct 2010. ? I was thinking 6 months is ok for me and should be approved.
4. financial ability : ? question. in rfe they are asking me to prove financial ability for extension. they say documents can be bank statements, sponsor support letter with this documents and I-134 affidavit of support. however as i do not have any sponsor and i am filing a COS, i was thinking to provide a good letter stating i will be self sponsoring, saying i need some time for a small vacation in usa and to wrap up things. i have increased my bank balance to 20,000 this month, i will show the statement with this amount. Do i really need some one's sponsorship or i can just provide my own self sponsor letter and my bank balance.
5 Question : If i leave to india lets say before the RFE is submitted, then will this b2 application becomes invalid ? or it will continue . If it becomes invalid will my stay from the date of b2 application till application becomes invalid count as out of status ?
6. Question : if i leave to india before decision of b2 but after submitting RFE, then will this b2 application becomes invalid ? or it will continue . If it becomes invalid will my stay from the date of b2 application till application becomes invalid count as out of status ?
7. Will this denial of b2 visa cause me any problems for coming back in USA later on if i leave to india before b2 decision.
8. What is the best thing to do, wait for b2 result, or i can leave when ever i want to, if i get a job and before b2 result some employer does h1 to h1 transfer and i submit a letter to USCIS saying vacation n wrap up things , how it will affect me.
viper673
06-24 12:41 PM
Hello all,
I have my EAD and waiting on my 485 to get approved sometime this year (hopefully).
I'm obvoiusly working full-time for my current employer and I just got an opportunity to do some translation services (teaching) after hours for about 80hrs in the next couple of months.
Is it ok for me to teach or do the rules of H1B (work up to 40hrs a week) still apply?
Thank you.
I have my EAD and waiting on my 485 to get approved sometime this year (hopefully).
I'm obvoiusly working full-time for my current employer and I just got an opportunity to do some translation services (teaching) after hours for about 80hrs in the next couple of months.
Is it ok for me to teach or do the rules of H1B (work up to 40hrs a week) still apply?
Thank you.
more...
jliechty
December 20th, 2004, 10:12 PM
Our 4-H photo club met this (well, yesterday now - it was Monday) evening, and the leader brought her new D70. She knows that I'm interested in DSLRs, so she let me shoot it for about 15 minutes with my CF card. I brought home six NEFs (from about 10 or 11 shots, but I deleted a few in the process of "exposing to the right").
The ergonomics were great from my perspective (of having never touched an autofocus SLR before in my life). After a few minutes I had the basic settings in the menus and the exposure compensation figured out, though I didn't even bother with the built in flash (I put on my Vivitar 285HV for a few shots instead).
After seeing the results of 1600 ISO (the first few were shot on this as I hadn't figured out how to change the setting yet), I don't know why you guys complain about noise so much. This thing at 1600 indoors at night beats my P&S at whatever ISO it uses in overcast daylight! Well, maybe that exaggerates a bit, but certainly not much.
Anyway, I should stick on a photo for everyone to view... This was shot in NEF, converted with the Adobe converter with Photoshop CS, and then received a light Curve to enhance contrast, a warming filter because I wasn't quite happy with the white balanced I converted the file with, and no noise reduction. Oh yeah, I applied a bit of sharpening; if anything, I try to stay on the conservative side there, since I'm not that familiar with telling how much is too much.
http://www.dphoto.us/forumphotos/data/1037/46cheryl.jpg
Here it is in the gallery (http://www.dphoto.us/forumphotos/showphoto.php/photo/14165/sort/1/cat/1037/page/1) so you can see the EXIF...
The ergonomics were great from my perspective (of having never touched an autofocus SLR before in my life). After a few minutes I had the basic settings in the menus and the exposure compensation figured out, though I didn't even bother with the built in flash (I put on my Vivitar 285HV for a few shots instead).
After seeing the results of 1600 ISO (the first few were shot on this as I hadn't figured out how to change the setting yet), I don't know why you guys complain about noise so much. This thing at 1600 indoors at night beats my P&S at whatever ISO it uses in overcast daylight! Well, maybe that exaggerates a bit, but certainly not much.
Anyway, I should stick on a photo for everyone to view... This was shot in NEF, converted with the Adobe converter with Photoshop CS, and then received a light Curve to enhance contrast, a warming filter because I wasn't quite happy with the white balanced I converted the file with, and no noise reduction. Oh yeah, I applied a bit of sharpening; if anything, I try to stay on the conservative side there, since I'm not that familiar with telling how much is too much.
http://www.dphoto.us/forumphotos/data/1037/46cheryl.jpg
Here it is in the gallery (http://www.dphoto.us/forumphotos/showphoto.php/photo/14165/sort/1/cat/1037/page/1) so you can see the EXIF...
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muraliy
09-15 05:09 PM
Thanks for your replies. I suspected as much. I wanted to make sure before I start the process of gathering the recommendation letters all over again.
more...
purgan
02-04 12:58 PM
I have heard if one leaves the country while AP is being processed, the application is considered abandoned.
My lawyer specifically stated this.
This is an interesting twist..anyone else care to comment?
My lawyer specifically stated this.
This is an interesting twist..anyone else care to comment?
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vaaliben
02-18 05:02 PM
ash123
Do you have any update on your EAD status? Because, I too have a similar situation.
Do you have any update on your EAD status? Because, I too have a similar situation.
more...
yabadaba
03-28 05:42 AM
Feinsteins ammendment
http://feinstein.senate.gov/06releases/r-agworker327.htm
"To avoid backlogs, aliens who receive a green card under this program will be exempt from the overall numerical limitations on visas (i.e., 675,000 visas) and the country numerical limitations for Mexico, India, China and the Philippines"
so does it mean if ur an agri worker a visa will be available to u? and if ur a professional u have the same retrogression cap??????
what what I can make of this all un used numbers trickle down to theunskilled workers, so if the visa numbers are current for them with caps of 290,000. Indian and Chinese EB2 workers will still be retrogressed whilethese guys are current
http://feinstein.senate.gov/06releases/r-agworker327.htm
"To avoid backlogs, aliens who receive a green card under this program will be exempt from the overall numerical limitations on visas (i.e., 675,000 visas) and the country numerical limitations for Mexico, India, China and the Philippines"
so does it mean if ur an agri worker a visa will be available to u? and if ur a professional u have the same retrogression cap??????
what what I can make of this all un used numbers trickle down to theunskilled workers, so if the visa numbers are current for them with caps of 290,000. Indian and Chinese EB2 workers will still be retrogressed whilethese guys are current
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Tshelar
08-26 11:54 AM
Hi
We have applied for I -485 last month.I am the primary applicant and my spouse is add on.Bothe of us are on H1B and it is valid till end of 2008.
I have applied for EAD and advance parole for my spouse only.We have not yet received the receipt numbers .I was wondering if we want to travel outside the country do we need to wait untill we get any of the above or if we have a valid H1B can we travel outside the country.
Thank you very much for your help.
If you'll have a valid visa stamped on your passport then you guys have no issue on traveling outside U.S. Please do carry your 485 receipt notice while traveling.
If you do not have a valid visa stamped then you should wait till get your AP and then travel on AP.
We have applied for I -485 last month.I am the primary applicant and my spouse is add on.Bothe of us are on H1B and it is valid till end of 2008.
I have applied for EAD and advance parole for my spouse only.We have not yet received the receipt numbers .I was wondering if we want to travel outside the country do we need to wait untill we get any of the above or if we have a valid H1B can we travel outside the country.
Thank you very much for your help.
If you'll have a valid visa stamped on your passport then you guys have no issue on traveling outside U.S. Please do carry your 485 receipt notice while traveling.
If you do not have a valid visa stamped then you should wait till get your AP and then travel on AP.
more...
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gcformeornot
08-08 09:25 AM
When USCIS will clear July 2nd load. RD generation will move faster till July17.
Since most of the Company filers(not self or desi filers) did not file for their employees.
This is including my company
Since most of the Company filers(not self or desi filers) did not file for their employees.
This is including my company
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Openarms
03-24 02:10 PM
Well they may created it new but the content is old and system needs to be fixed.
more...
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mundakamal
06-13 07:49 PM
Hi All,
My employer after too much of talks is ready to file. But in all the applications he wants to put his address so that he receives the EAD card and AP..He is not ready to put my address. Can he keep my EAD card ?
Gurus please advise...
Thanks!
My employer after too much of talks is ready to file. But in all the applications he wants to put his address so that he receives the EAD card and AP..He is not ready to put my address. Can he keep my EAD card ?
Gurus please advise...
Thanks!
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h1techSlave
04-03 02:25 PM
From the new letter: "The CIS isn�t approving adjustment of status cases at anything close to a rate sufficient to use up even a significant portion of the quota...".
And what is IV's stand on bringing this issue up to the concerned parties? Nothing - nada - nilch. IV's simply doesn't care even if USCIS wastes another 50,000 EB visas this year. As the article suggests 50,000 is the typical annual wastage of EB visas by USCIS (600,000 in 12 years = 50,000/year).
Please take this post as a constructive criticism.
And what is IV's stand on bringing this issue up to the concerned parties? Nothing - nada - nilch. IV's simply doesn't care even if USCIS wastes another 50,000 EB visas this year. As the article suggests 50,000 is the typical annual wastage of EB visas by USCIS (600,000 in 12 years = 50,000/year).
Please take this post as a constructive criticism.
more...
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06-29 01:18 PM
This is so SAD!!!
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Blog Feeds
09-08 09:50 AM
San Diego Immigration lawyer informed that the Department of Homeland Security, USCIS has submitted the information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the Federal Register on June 9, 2009, at 74 FR 27339, allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until October 2, 2009. This process is conducted in accordance with 5 CFR 1320.10.
Written comments and suggestions especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget (OMB) USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov, and OMB USCIS Desk Officer via facsimile at 202-395-5806 or via oira_ submission@omb.eop.gov.
We suggest when submitting comments by e-mail please make sure to add OMB Control Number 1615-0035 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
More... (http://www.visalawyerblog.com/2009/09/uscis_issues_extension_of_info.html)
Written comments and suggestions especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget (OMB) USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov, and OMB USCIS Desk Officer via facsimile at 202-395-5806 or via oira_ submission@omb.eop.gov.
We suggest when submitting comments by e-mail please make sure to add OMB Control Number 1615-0035 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
More... (http://www.visalawyerblog.com/2009/09/uscis_issues_extension_of_info.html)
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cnag
10-13 08:41 AM
Folks, I have received a notice from USCIS stating the following:
The above application or petition has been received.
Your application was received without the necessary fingerprint fee.
Under 8CFR 103.2(e), this fee of $70.00 must be submited along with the filing fee fot the application/petition. If this office has not recieced the fee within 87 days, your application will be considered to be abandoned under ...
Is there any one else in the same boat? What are my options here?
I too received a similar notice. My employer replied by submitting proof of the paid checks. Meanwhile, I received my receipt notice that shows $395 received. I have also received the FP notice and the same was completed yesterday. Customer service was not of much help.
The above application or petition has been received.
Your application was received without the necessary fingerprint fee.
Under 8CFR 103.2(e), this fee of $70.00 must be submited along with the filing fee fot the application/petition. If this office has not recieced the fee within 87 days, your application will be considered to be abandoned under ...
Is there any one else in the same boat? What are my options here?
I too received a similar notice. My employer replied by submitting proof of the paid checks. Meanwhile, I received my receipt notice that shows $395 received. I have also received the FP notice and the same was completed yesterday. Customer service was not of much help.
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April 3rd, 2005, 06:50 AM
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immigrationhelp
08-29 11:00 PM
Hi,
I applied I-485,EAD,Advance Parole on July 20,2007 but i have not yet received any receipt number as of now.
During that time I could not able to apply for my wife. She will be coming to USA on H4 visa in the mid of October.
what are the possibilities to include her in my greencard process?
Please educate me on this situation to take care of my wife's greencard process with my GC process and also please share your experiances if some one has similar kind of situation.
My Case Details
Labour Filed (Perm)--------------------------> Jan-2006
Labour Approved -----------------------------> April-2006
I-140 Filed -----------------------------------> Aug-2006
I-140 Approved --------------------------------> November 2006
I-485 applied only for myself --------------> July 20,2007
First entry into USA------------------------>January 2000
H1 valid till ------------------------------>January 2010(with 3 years extension from 2007 to 2010)
Thanks
-Kishore
I applied I-485,EAD,Advance Parole on July 20,2007 but i have not yet received any receipt number as of now.
During that time I could not able to apply for my wife. She will be coming to USA on H4 visa in the mid of October.
what are the possibilities to include her in my greencard process?
Please educate me on this situation to take care of my wife's greencard process with my GC process and also please share your experiances if some one has similar kind of situation.
My Case Details
Labour Filed (Perm)--------------------------> Jan-2006
Labour Approved -----------------------------> April-2006
I-140 Filed -----------------------------------> Aug-2006
I-140 Approved --------------------------------> November 2006
I-485 applied only for myself --------------> July 20,2007
First entry into USA------------------------>January 2000
H1 valid till ------------------------------>January 2010(with 3 years extension from 2007 to 2010)
Thanks
-Kishore
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