ImmigrationAnswerMan
07-08 10:37 PM
Anil:
Yes your company can file an H-1B for you even if you choose to appeal the denial of the L petition.
You will continue to be in Unlawful Presence while your L appeal is pending. If the appeal is denied and you have accrued more than 180 days of unlawful presence you will not be able to leave and apply for a new visa abroad.
I cannot answer the questions of whether you should appeal the L or whether you would be eligible for an H-1B without having a full consultation with you and seeing all your documents.
Yes your company can file an H-1B for you even if you choose to appeal the denial of the L petition.
You will continue to be in Unlawful Presence while your L appeal is pending. If the appeal is denied and you have accrued more than 180 days of unlawful presence you will not be able to leave and apply for a new visa abroad.
I cannot answer the questions of whether you should appeal the L or whether you would be eligible for an H-1B without having a full consultation with you and seeing all your documents.
diptam
01-05 04:05 PM
It may be a common thing - swaying away from EB3 to Eb2 for earlier PD holders and there by choking up some EB2 space but shouldn't that cause loosening ( i'm not talking substantial ) in EB3 Priority Date ?
I mean EB3 India Priority Dates seems to have a Coma and that always hover around Aug/Oct 2001 - for last few years its like , it moves like some months and then scrolls down.
seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough
I mean EB3 India Priority Dates seems to have a Coma and that always hover around Aug/Oct 2001 - for last few years its like , it moves like some months and then scrolls down.
seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough
crystal
07-11 12:07 PM
^^^^
DSLStart
12-17 11:53 AM
Congrats man!
hame aam khane se matlab hain, guthli ginney se matlab nahin ... ;-)
Ladies and Gentlemen,
As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.
Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).
So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.
Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your file comes to someone's attention. ....Best to all....
hame aam khane se matlab hain, guthli ginney se matlab nahin ... ;-)
Ladies and Gentlemen,
As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.
Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).
So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.
Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your file comes to someone's attention. ....Best to all....
more...
h1bq
02-08 05:44 PM
Might be slightly more than 6 months...But much faster than EB3/EB2 India/china....
Are you saying this is just 6 months for GC thru L1A ? Wow !:eek:
Are you saying this is just 6 months for GC thru L1A ? Wow !:eek:
binadh
03-05 02:27 PM
You can stand in the Home Depot parking lot with a jumpsuit and a bandana if you want to make some Hard Earned money............If not, stop asking stupid questions in this forum. You should know that when you get your freaking H4 visa.
Is there anything i can do on H4 visa??
Is there anything i can do on H4 visa??
more...
karthiknv143
02-06 04:03 PM
Yes, you have to change your H4 also. Submit a new petition.
snathan
02-15 04:06 PM
You are correct then only Andhra Pradesh have been retrogressed. If you remove AP from that equation. everything will be normal.
I can bet 90 percent of the GC applicants are from India are from AP.
Jet
I was sure some one will come with this info...Let the fight begin..:D
I can bet 90 percent of the GC applicants are from India are from AP.
Jet
I was sure some one will come with this info...Let the fight begin..:D
more...
enthu999
07-22 10:00 PM
Please check my question in blue below
looks like..becuase people travel abroad while AOS is in process.
looks like..becuase people travel abroad while AOS is in process.
.jpg "Colorful Roses | Yellow Red")
kumar1
03-05 11:12 AM
Yestogc- Please do not write "plz" instead of "please". We have "English Language Cop" hovering over us.
You know what I am saying....
I am apologetic if my message sent any wrong signals anywhere.
But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.
You know what I am saying....
I am apologetic if my message sent any wrong signals anywhere.
But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.
more...
imh1b
02-25 10:47 AM
Guys,
Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
mmanurker
10-03 04:28 PM
I e-filed AP(I-131) and mailed the supporting docs 2-3 weeks after filing...
so far no RFE or Approval....
Supporting docs I sent:
Confirmation receipt
Copy of i485 Receipt notice
2 recent color photos
Copy of Drivers License
Copy of Passport
Copy of previous approved AP and
Current i94 copy
so far no RFE or Approval....
Supporting docs I sent:
Confirmation receipt
Copy of i485 Receipt notice
2 recent color photos
Copy of Drivers License
Copy of Passport
Copy of previous approved AP and
Current i94 copy
more...
riva2005
03-20 04:19 PM
Its coming on the foreground on thursday thru a press conference by Rep Jeff Flake and Rep Luis Gutierrez. Read the breaking news thread from IV core.
yabadaba
10-26 06:19 PM
http://immigrationvoice.org/forum/showthread.php?t=14870&page=3
more...
LOL123
07-30 01:29 PM
Please advise..............
asdcrajnet
04-13 05:15 PM
It will be helpful if we are allowed to apply for I-485 & EAD, even if the visa numbers are not available. They could atleast throw this bone to us, which will be helpful in not needing H1B and allow us to change jobs. Hope they make this amendment to this Bill.
I know the Core team will already be working on this.
I know the Core team will already be working on this.
more...
Rockford
07-16 12:39 PM
I called them this morning and IO told me that my file has been assigned to an officer. What does this mean? Can anyone tell me?
Thanks
Can you share your PD and when did you file I485 ?
Thanks
Can you share your PD and when did you file I485 ?
ivgclive
10-08 12:45 PM
1. How can he use the PIO card to enter and exit India?
I got PIO Cards recently, but not entered India yet. So far I used only visas.
a. Does he simply show the PIO card, US passport to enter and exit India?
I assumed the same. It is just like a "Visa", but not on the passport but as a separate booklet.
2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
It is efficient and less expensive on money and time if you decide before you apply. If you have couple of months time before travel, apply PIO or you have only couple of weeks appy for Visa.
a. Do they return the PIO application and its supporting documents before visa could be applied?
You are probably submiting copies of documents except the passports +/- birth certificate. Be prepared if you just receive passports only.
b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa? I guess so, as the process is completely different.
------------------------------------
There are no guidelines on web sites for the option you are asking for. So the answers are only "what you can expect".
If you are close to SF, worth stopping by the consulate.
I got PIO Cards recently, but not entered India yet. So far I used only visas.
a. Does he simply show the PIO card, US passport to enter and exit India?
I assumed the same. It is just like a "Visa", but not on the passport but as a separate booklet.
2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
It is efficient and less expensive on money and time if you decide before you apply. If you have couple of months time before travel, apply PIO or you have only couple of weeks appy for Visa.
a. Do they return the PIO application and its supporting documents before visa could be applied?
You are probably submiting copies of documents except the passports +/- birth certificate. Be prepared if you just receive passports only.
b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa? I guess so, as the process is completely different.
------------------------------------
There are no guidelines on web sites for the option you are asking for. So the answers are only "what you can expect".
If you are close to SF, worth stopping by the consulate.
rayen
05-27 07:08 PM
Experts,
I am in the process of applying AP ( Paper) What should I put Q3# Class of Admission . I used my AP while entering but still in H1. Please advice.
Thanks,
I am in the process of applying AP ( Paper) What should I put Q3# Class of Admission . I used my AP while entering but still in H1. Please advice.
Thanks,
Adam
08-19 11:01 PM
I agree about the mouth thing...It's hard to not make it look like a stupid smirk or snowman nose :lol:
Ramba
04-09 07:12 PM
That is Wrong. He can enter on H1 still maintain I-485. H1 can be from any compnay.There is reason why H1 is called as dual intent visa.
Read carefully. If a person not maintaining H/L/K/V status just before leaving US (and maintaining only AOS) and left the country without perior approval of AP, is considered he/she abondened the 485. Thats all. After abondment of 485, it does not matter how he re-enters. He can enter on J1, B1, H1. It does not matter.
One MUST NOT leave US with out approval of AP, if he/she maintains only AOS. Only H/L/K/V status holders can leave USA without obtaining AP, and continue to remain in that status after arrival. All others must get AP. Ofcouses, this guy lost his H1 status, after leaving his previous employer and working on EAD.
So do not post wrong info...
Read carefully. If a person not maintaining H/L/K/V status just before leaving US (and maintaining only AOS) and left the country without perior approval of AP, is considered he/she abondened the 485. Thats all. After abondment of 485, it does not matter how he re-enters. He can enter on J1, B1, H1. It does not matter.
One MUST NOT leave US with out approval of AP, if he/she maintains only AOS. Only H/L/K/V status holders can leave USA without obtaining AP, and continue to remain in that status after arrival. All others must get AP. Ofcouses, this guy lost his H1 status, after leaving his previous employer and working on EAD.
So do not post wrong info...
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