
guygeek007
07-23 09:25 AM
InspectorFox, Jayant and Tina - Your prompt replies and advice are much appreciated.
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milind70
07-17 04:11 PM
So do I actually have to be in the US to mail in the AOS forms (I-485s)? I've been a legal US resident for years on an H1-B, and have been fortunate to have never had out-of-status issues or anything like that. BUT, as it happens, I'm up in Canada on vacation at the moment, planning to return next week. I've never had to get a visa stamp or surrender I-94 or any of that stuf.
Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.
- GS
I think you need to be in US when the application reaches the USCIS office.
Right now you can send the application to your lawyers office and ask him to check the application.Mail it to the USCIS when u r back in the country.
Once you travel outside the US you dont have any status,u need to be in country to adjust your status from non immgrant to immgrant.
Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.
- GS
I think you need to be in US when the application reaches the USCIS office.
Right now you can send the application to your lawyers office and ask him to check the application.Mail it to the USCIS when u r back in the country.
Once you travel outside the US you dont have any status,u need to be in country to adjust your status from non immgrant to immgrant.

conchshell
07-29 05:39 PM
By now its almost evident that the CR's for retrogression, per country limit. and STEM related degrees are actually are not going anywhere. Understandably it was CHC (Congressional Hispanic Caucus) and republican leadership that blocked the road to legal immigration relief.
Its almost beyond my analytical power to find out why CHC blocked our way? CHC treated us as hostages to get their demands. They were successful with their threat that either it will be amnesty to illegals or absolutely nothing.
So this though struck my mind: what is our stand as far as illegal immigration is concerned. Even though we may not support/recommend further illegal immigration, what is our stand on granting amnesty to illegals already living in this country.
So do we:
1. Completely oppose amnesty to illegals immigrants currently living in USA
2. Support amnesty to illegals immigrants currently living in USA
3. Support amnesty to illegals immigrants currently living in USA, as long as they do not stand ahead of legal immigrants in the queue.
4. Support amnesty to illegals immigrants currently living in USA, if CHC and other similar organizations support us for our much sought immigration reforms.
5. Only support Guest Worker Program type of thing, which allows people to enter on work visas and further backlog the employment based GC queues.
Is it going to help us if we shake hands with CHC and other similar organizations, if they support us? I mean if we can't defeat them why don't we join forces with them to get what we want. Please remember that legal immigration reform bills always try to piggy back on CIR (Comprehensive Immigration Reforms) type of bills where illegal immigration/amnesty is focal point of discussion, rather than other way around.
Its almost beyond my analytical power to find out why CHC blocked our way? CHC treated us as hostages to get their demands. They were successful with their threat that either it will be amnesty to illegals or absolutely nothing.
So this though struck my mind: what is our stand as far as illegal immigration is concerned. Even though we may not support/recommend further illegal immigration, what is our stand on granting amnesty to illegals already living in this country.
So do we:
1. Completely oppose amnesty to illegals immigrants currently living in USA
2. Support amnesty to illegals immigrants currently living in USA
3. Support amnesty to illegals immigrants currently living in USA, as long as they do not stand ahead of legal immigrants in the queue.
4. Support amnesty to illegals immigrants currently living in USA, if CHC and other similar organizations support us for our much sought immigration reforms.
5. Only support Guest Worker Program type of thing, which allows people to enter on work visas and further backlog the employment based GC queues.
Is it going to help us if we shake hands with CHC and other similar organizations, if they support us? I mean if we can't defeat them why don't we join forces with them to get what we want. Please remember that legal immigration reform bills always try to piggy back on CIR (Comprehensive Immigration Reforms) type of bills where illegal immigration/amnesty is focal point of discussion, rather than other way around.
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cableching
05-21 12:33 AM
The example he has given is a special case. The guy needs H1, because his son was out of status. Something is missing in the case. The child came to US 10 years back on B2 and stayed on B2 forever without extending or changing the status???
We need H1 only when we are not married or we have not filed I-485 for the dependants.
We need H1 only when we are not married or we have not filed I-485 for the dependants.
more...

smuggymba
10-06 02:33 PM
u can find mmnay threads on this website for these H1-B audit visits. You should be ok as long as you provided truthful info.

Pankaj
08-18 04:59 PM
If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
more...

andy garcia
11-10 09:30 PM
Remember, USCIS only tells us "total" I-485 receipts. They don't break it down to what many of us are interested to know, which is, how many are family based and how many are employment based. There is no way to know how many of the 150K receipts issued in Sept for I-485 were EB.
FB and EB combined annual limit is 366,000 immigrant visas (226K FB + 140K EB)
That total also includes Asylum/refugee, DV lottery and Immediate Relatives.
FB and EB combined annual limit is 366,000 immigrant visas (226K FB + 140K EB)
That total also includes Asylum/refugee, DV lottery and Immediate Relatives.
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conchshell
07-29 05:39 PM
By now its almost evident that the CR's for retrogression, per country limit. and STEM related degrees are actually are not going anywhere. Understandably it was CHC (Congressional Hispanic Caucus) and republican leadership that blocked the road to legal immigration relief.
Its almost beyond my analytical power to find out why CHC blocked our way? CHC treated us as hostages to get their demands. They were successful with their threat that either it will be amnesty to illegals or absolutely nothing.
So this though struck my mind: what is our stand as far as illegal immigration is concerned. Even though we may not support/recommend further illegal immigration, what is our stand on granting amnesty to illegals already living in this country.
So do we:
1. Completely oppose amnesty to illegals immigrants currently living in USA
2. Support amnesty to illegals immigrants currently living in USA
3. Support amnesty to illegals immigrants currently living in USA, as long as they do not stand ahead of legal immigrants in the queue.
4. Support amnesty to illegals immigrants currently living in USA, if CHC and other similar organizations support us for our much sought immigration reforms.
5. Only support Guest Worker Program type of thing, which allows people to enter on work visas and further backlog the employment based GC queues.
Is it going to help us if we shake hands with CHC and other similar organizations, if they support us? I mean if we can't defeat them why don't we join forces with them to get what we want. Please remember that legal immigration reform bills always try to piggy back on CIR (Comprehensive Immigration Reforms) type of bills where illegal immigration/amnesty is focal point of discussion, rather than other way around.
Its almost beyond my analytical power to find out why CHC blocked our way? CHC treated us as hostages to get their demands. They were successful with their threat that either it will be amnesty to illegals or absolutely nothing.
So this though struck my mind: what is our stand as far as illegal immigration is concerned. Even though we may not support/recommend further illegal immigration, what is our stand on granting amnesty to illegals already living in this country.
So do we:
1. Completely oppose amnesty to illegals immigrants currently living in USA
2. Support amnesty to illegals immigrants currently living in USA
3. Support amnesty to illegals immigrants currently living in USA, as long as they do not stand ahead of legal immigrants in the queue.
4. Support amnesty to illegals immigrants currently living in USA, if CHC and other similar organizations support us for our much sought immigration reforms.
5. Only support Guest Worker Program type of thing, which allows people to enter on work visas and further backlog the employment based GC queues.
Is it going to help us if we shake hands with CHC and other similar organizations, if they support us? I mean if we can't defeat them why don't we join forces with them to get what we want. Please remember that legal immigration reform bills always try to piggy back on CIR (Comprehensive Immigration Reforms) type of bills where illegal immigration/amnesty is focal point of discussion, rather than other way around.
more...

nshalady
06-15 12:11 AM
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
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PD_Dec2002
07-13 03:27 PM
Hi:
Why and how do members get those green and red squares when they post messages? I do know red squares are bad since a mouseover shows the text that the member has had some bad behavior. However, I have seen various texts for green squares. Mine says "I'm on a distinguised road"...I had no idea I was on one, but I sure do hope it ends with a Green Card in hand! :)
Anyway, does anyone know all the different variations of text for green and red squares and how do they change for different members?
Thanks,
Jayant
Why and how do members get those green and red squares when they post messages? I do know red squares are bad since a mouseover shows the text that the member has had some bad behavior. However, I have seen various texts for green squares. Mine says "I'm on a distinguised road"...I had no idea I was on one, but I sure do hope it ends with a Green Card in hand! :)
Anyway, does anyone know all the different variations of text for green and red squares and how do they change for different members?
Thanks,
Jayant
more...

waiting4gc
12-03 01:30 PM
Appointment at Mumbai consulate can take forever. Recently my wife and I went for h1 stamping. For me it took 2.5 hours, for my wife, about 5 hours. It will take you at least an hour to get from the consulate to the airport. I would strongly recommend that you take either a late evening flight or next day. That way you can try to pick up the passport the same day too.
Usually I get my Visa stamped in Chennai. I have enough info to survive in Chennai.
This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..
I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:
I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.
Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
I am looking at ~ Rs 2,000 for 7 hours..
Any help is appreciated..:)
Usually I get my Visa stamped in Chennai. I have enough info to survive in Chennai.
This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..
I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:
I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.
Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
I am looking at ~ Rs 2,000 for 7 hours..
Any help is appreciated..:)
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kumar1
08-05 06:43 PM
If every EB3 is ported to EB2 then EB2 will retrogress to 2001 and EB3 will become current.
I must tell you......I loved your response.
I must tell you......I loved your response.
more...
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kirupa
11-25 03:05 AM
Star...wha??? I just thought it looked cool :P
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wait4ever
11-09 05:44 PM
What is wrong with people here ?
The UK Doctors WON the case on Appeal - the UK courts ruled that the actions by the UK Governments were unlawful.
People - please no doomsday expressions on these forums if you are so unhappy look elsewhere - I read a post where one poster (Invincibleasian) mentioned that "I hope that they dont flood the US from UK" - well you came here and no one said anything so why this "pull up the ladder" mentality.
Folks - Remember United we stand ! we are immigrant Employment based workers and in this flat world we are all impacted by legislation equally irrespective of which country enforces them.
Enough said :mad:
The UK Doctors WON the case on Appeal - the UK courts ruled that the actions by the UK Governments were unlawful.
People - please no doomsday expressions on these forums if you are so unhappy look elsewhere - I read a post where one poster (Invincibleasian) mentioned that "I hope that they dont flood the US from UK" - well you came here and no one said anything so why this "pull up the ladder" mentality.
Folks - Remember United we stand ! we are immigrant Employment based workers and in this flat world we are all impacted by legislation equally irrespective of which country enforces them.
Enough said :mad:
more...
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RandyK
07-18 01:11 PM
Timing is everything........... that window of opportunity has passed, luckly we were able to use it to our advantage this time.
Trying to use the same method again will backfire for sure
Trying to use the same method again will backfire for sure
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rongha_2000
10-02 11:23 AM
Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?
Yes it will be Pending Adjustment for all of you if you use EAD .
But as backup and if not required just be on H1B visa and do job for same company again if possible .
or if you are changing company file H1B extension as backup.
Yes it will be Pending Adjustment for all of you if you use EAD .
But as backup and if not required just be on H1B visa and do job for same company again if possible .
or if you are changing company file H1B extension as backup.
more...
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abhijitp
01-25 01:35 PM
Volunteers all over the country are helping this effort outside of a local train station in SF Bay area, and members who live within 2 miles of the train station don't even read their mails!
Thanks Janislal and Kicca.
Together, we will make the admin fixes HAPPEN!
Thanks Janislal and Kicca.
Together, we will make the admin fixes HAPPEN!
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morchu
05-14 12:09 PM
Thanks for pointing this out (Hernandez letter).
It is new information to me.
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
It is new information to me.
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
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estrela21
02-08 11:56 PM
Hello estrela,
Thanks for posting your message. It seems that you are talking about immigration to USA based on marriage. This may not be the right place for advise regarding that issue.
This forum is dedicated to the plight of high-skilled employment based immigrants.
Please consult an immigration attorney to look into this matter because your question is unclear and you mention court issues and other legal issues. We do not want to give you incorrect advise regarding such crucial issue.
Best of luck
how i do it to take my question out here?? i am sorry..i didn't mean to cause any problem..
Thanks for posting your message. It seems that you are talking about immigration to USA based on marriage. This may not be the right place for advise regarding that issue.
This forum is dedicated to the plight of high-skilled employment based immigrants.
Please consult an immigration attorney to look into this matter because your question is unclear and you mention court issues and other legal issues. We do not want to give you incorrect advise regarding such crucial issue.
Best of luck
how i do it to take my question out here?? i am sorry..i didn't mean to cause any problem..
sertasheep
07-08 07:43 PM
I have gotten in touch with Mr. Oh. and he has made corrections. Please see the following link. Request members to provide due credit and respect to other organizations and firms. We must work collaboratively.
Thank you, Mr. Oh.
See http://www.immigration-law.com/Canada.html
ohlaw immigration-law.com" to sertasheep
show details 8:04 pm (4 minutes ago)
Corrected. Thank you.
Original Message:
-----------------
From: sertasheep immigrationvoice.org
Date: Sun, 8 Jul 2007 16:47:28 -0400
To: matthewoh.attorney gmail.com, ohlaw immigration-law.com
Subject: Correction required to news item on your home page
- Show quoted text -
Dear Mr. Oh,
Thank you for your efforts to the immigration community, that makes your
website a good source of information. I was writing to highlight some
corrections required in a news item on your home page related to a Flower
Campaign by several highly-skilled, LEGAL professionals. The reference to
"East Indian" is not right, as there are several professionals from various
ethnic backgrounds that are participating in this effort. Can I request you
to change the reference from "Indian" or "East Indian" to *"Highly-skilled
Legal Immigrants"?*
Thank you,
Regards
Thank you, Mr. Oh.
See http://www.immigration-law.com/Canada.html
ohlaw immigration-law.com" to sertasheep
show details 8:04 pm (4 minutes ago)
Corrected. Thank you.
Original Message:
-----------------
From: sertasheep immigrationvoice.org
Date: Sun, 8 Jul 2007 16:47:28 -0400
To: matthewoh.attorney gmail.com, ohlaw immigration-law.com
Subject: Correction required to news item on your home page
- Show quoted text -
Dear Mr. Oh,
Thank you for your efforts to the immigration community, that makes your
website a good source of information. I was writing to highlight some
corrections required in a news item on your home page related to a Flower
Campaign by several highly-skilled, LEGAL professionals. The reference to
"East Indian" is not right, as there are several professionals from various
ethnic backgrounds that are participating in this effort. Can I request you
to change the reference from "Indian" or "East Indian" to *"Highly-skilled
Legal Immigrants"?*
Thank you,
Regards
nav_kri
04-01 08:01 PM
I got this in an email from Maple International
"Please be rest assured that this news is not April Fool's joke.
Today the Alberta immigration department announced that on April 15, 2009
the on-demand occupation list of Alberta will be changed. Any applications
postmarked before April 15, 2009 will be assessed based on the current list.
All applications postmarked on or after April 15, 2009 will be assessed
based on the revised list that will be posted on April 15, 2009.
The possible change
It is very possible that IT related occupations will be removed from the
on-demand list on April 15, 2009. The original intent of this Alberta
program was to recruit H-1B professionals from USA. The economy of Alberta
was booming in recent 5 years because of the discovery of huge oil reserve
in the northern part of the province. Alberta needs engineers such as
Chemical Engineers, Mechanical Engineers, Civil Engineers, etc to work for
its oil industry and its oil based economy.
However, it ended up that the overwhelming majority of applicants of this
Alberta program are IT consultants, programmers and software engineers in
USA. Alberta does need some IT professionals but it for sure does not need a
lot of them."
Is this true? I dont find any info related to this on Maple International website or Alberta Immigration website.
"Please be rest assured that this news is not April Fool's joke.
Today the Alberta immigration department announced that on April 15, 2009
the on-demand occupation list of Alberta will be changed. Any applications
postmarked before April 15, 2009 will be assessed based on the current list.
All applications postmarked on or after April 15, 2009 will be assessed
based on the revised list that will be posted on April 15, 2009.
The possible change
It is very possible that IT related occupations will be removed from the
on-demand list on April 15, 2009. The original intent of this Alberta
program was to recruit H-1B professionals from USA. The economy of Alberta
was booming in recent 5 years because of the discovery of huge oil reserve
in the northern part of the province. Alberta needs engineers such as
Chemical Engineers, Mechanical Engineers, Civil Engineers, etc to work for
its oil industry and its oil based economy.
However, it ended up that the overwhelming majority of applicants of this
Alberta program are IT consultants, programmers and software engineers in
USA. Alberta does need some IT professionals but it for sure does not need a
lot of them."
Is this true? I dont find any info related to this on Maple International website or Alberta Immigration website.
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