rameshvaid
10-16 09:47 PM
Do the right thing. Don't try to find a loophole.
It is possible to convert from B1 to H1, I did the same in 2002 but he can not work till he gets his H1 approved. Simply applying and getting the receipt notice will not make him eligible to work and if he works and is caught he will be deportrd and will not be permitted to come back ever again. He will be under H1 cap also and will have to apply when next year quota opens. You also said that he got all his H1 papers then why he wants to risk it. Best route will be to get H1 stamped in India and come here.
Considering if all that is done, he will still be exploited by his employer if comes on B1 and will have no legal status to work. It takes anywhere between 3 -6 months to get the H1 approved here in US. I assume he is going to work for a desi company or consultant, no American company will encourage this route. He can not get is SS# also till he gets his H1 approved and no question of getting Driver's Licence.
Tell your friend to weigh pros and cons before he decide to come on B1..We all know what we are going through with this broken immigration system..
Good Luck..
RV
It is possible to convert from B1 to H1, I did the same in 2002 but he can not work till he gets his H1 approved. Simply applying and getting the receipt notice will not make him eligible to work and if he works and is caught he will be deportrd and will not be permitted to come back ever again. He will be under H1 cap also and will have to apply when next year quota opens. You also said that he got all his H1 papers then why he wants to risk it. Best route will be to get H1 stamped in India and come here.
Considering if all that is done, he will still be exploited by his employer if comes on B1 and will have no legal status to work. It takes anywhere between 3 -6 months to get the H1 approved here in US. I assume he is going to work for a desi company or consultant, no American company will encourage this route. He can not get is SS# also till he gets his H1 approved and no question of getting Driver's Licence.
Tell your friend to weigh pros and cons before he decide to come on B1..We all know what we are going through with this broken immigration system..
Good Luck..
RV
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obelix
07-27 03:53 PM
OTOH
I now work for a big IT company. As big as it can get. I had much better luck with my lawyers when I worked for startups.
My lawyer sends each and every piece of information. They sent 9089 for review,797 for labor also. They sent me the original approved labor certificate for my signature to file for 140. and also 797 copy for 140.
Though the employer processes labor and 140, Employee should ensure the accuracy of the information on all the applications. Employer should not deny for this.
These employers that abuse employees need to learn some lessons on how to treat their employees.
I think IV needs to take an inititave on these small scale body shopping employers who are not treating their employers with respect and the dignity they deserve.
I now work for a big IT company. As big as it can get. I had much better luck with my lawyers when I worked for startups.
My lawyer sends each and every piece of information. They sent 9089 for review,797 for labor also. They sent me the original approved labor certificate for my signature to file for 140. and also 797 copy for 140.
Though the employer processes labor and 140, Employee should ensure the accuracy of the information on all the applications. Employer should not deny for this.
These employers that abuse employees need to learn some lessons on how to treat their employees.
I think IV needs to take an inititave on these small scale body shopping employers who are not treating their employers with respect and the dignity they deserve.
PIndian
12-04 01:41 PM
FYI..
My package was delivered on 20th August. USCIS accepted it and got all receipt no. Thanks..
My package was delivered on 20th August. USCIS accepted it and got all receipt no. Thanks..
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humsuplou
03-09 12:54 PM
Yes, you can run a business on EAD.
You can own a business on H1-B too. But you cannot work for it . You can invest and have someone manage the operation for you. you can take profits but not work as an employee.
Ok, so one can own but not run a business with H1B, but can own and run with EAD,right?
Thanks!!
You can own a business on H1-B too. But you cannot work for it . You can invest and have someone manage the operation for you. you can take profits but not work as an employee.
Ok, so one can own but not run a business with H1B, but can own and run with EAD,right?
Thanks!!
more...
rockstart
01-28 11:28 AM
I think first thing is the job in your company needs to have a position that qualifies for EB2. Software Analyst, Sr Programmer Analyst, Sr. Designer can all qualify for EB2 what you could do is look up the SOC codes associated with EB2 and see what job titles go with those codes. Everything can start only if your employer has a need for EB2 position in his/ her organization.
needhelp!
10-24 05:00 PM
Here's another bump incase DFW friends have missed it.
more...
kirupa
11-09 02:55 AM
Ah thanks for that reminder. I somehow completely skipped over both of them!
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simple1
09-25 04:42 PM
may not be eligible for 245(k)
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Persons with a petition or LC filed after January 14, 1998, up to April 30, 2001 must also document that they were "physically present" in the U.S. as of December 21, 2000.
not sure if follow 2 join is applicable here.
http://georgetown.usembassy.gov/root/pdfs/consular-pdfs/follow-to-join-master-march-2008.pdf
check with attorney immediatly.
She is not out of status but you need to move fast (first 180 days) and talk to some good lawyer.
In 2007 I had a long consultation with a lawyer and told about INS act 245(k)
Google it.
Furthermore. One of my co-worker was approved while his wife's case was not filled in 2007. they used 245(k) and there was no issue.
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Persons with a petition or LC filed after January 14, 1998, up to April 30, 2001 must also document that they were "physically present" in the U.S. as of December 21, 2000.
not sure if follow 2 join is applicable here.
http://georgetown.usembassy.gov/root/pdfs/consular-pdfs/follow-to-join-master-march-2008.pdf
check with attorney immediatly.
She is not out of status but you need to move fast (first 180 days) and talk to some good lawyer.
In 2007 I had a long consultation with a lawyer and told about INS act 245(k)
Google it.
Furthermore. One of my co-worker was approved while his wife's case was not filled in 2007. they used 245(k) and there was no issue.
more...
solaris27
10-15 09:21 AM
1) Will I get my DL extended till Jan 08 (based on H1b) or Sep 08 (based on EAD)?
It depends what you want to use if you use H1B then till Jan 08 and if EAD then sep 08
2) If they extend DL based on EAD, will I loose H1 status as I used EAD?
No
It depends what you want to use if you use H1B then till Jan 08 and if EAD then sep 08
2) If they extend DL based on EAD, will I loose H1 status as I used EAD?
No
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Anders �stberg
January 17th, 2005, 05:03 AM
From last nights local game. Some pictures from the seats, some from the penalty box area. ISO1600, 1/500s and f/2 or f/2.8 in manual mode. Sports really is a challenge, I still don't get many keepers - I noticed this time I tend to rush things and probably cause a lot of bluriness through camera shake, and don't follow the players well enough for the AF to lock on reliably. Practice, practice...
Comments are very welcome! :)
http://www.andersostberg.com/fotogalleri/albums/HaningeHockey_2005-01-16/JH5Q0568.jpg
http://www.andersostberg.com/fotogalleri/albums/HaningeHockey_2005-01-16/JH5Q0596.jpg
http://www.andersostberg.com/fotogalleri/albums/HaningeHockey_2005-01-16/JH5Q0605.jpg
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http://www.andersostberg.com/fotogalleri/albums/HaningeHockey_2005-01-16/JH5Q0609.jpg
Comments are very welcome! :)
http://www.andersostberg.com/fotogalleri/albums/HaningeHockey_2005-01-16/JH5Q0568.jpg
http://www.andersostberg.com/fotogalleri/albums/HaningeHockey_2005-01-16/JH5Q0596.jpg
http://www.andersostberg.com/fotogalleri/albums/HaningeHockey_2005-01-16/JH5Q0605.jpg
http://www.andersostberg.com/fotogalleri/albums/HaningeHockey_2005-01-16/JH5Q0621.jpg
http://www.andersostberg.com/fotogalleri/albums/HaningeHockey_2005-01-16/JH5Q0609.jpg
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sunty
08-27 02:55 PM
2 year EAD here as well..I-140 has been pending for more than a year now..
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chantu
06-19 09:35 AM
my mom gave up her green card back in early 80's and she has had no problems what so ever in getting vistors visa since then (in fact it made it easier to get vistors visa (for the entire family) because it clearly shows no intention of migrating to US).
Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D
Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D
more...
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140jibjab
01-11 11:06 AM
When you apply for H4 for the new wife. Make sure you take the follwoing:
1. Divorce Decree.
2. New Marraige registration(India Marraige Registration). Take the Marraige certificate and the Copy of the Application(Application you provide at the local authority to get your new marraige registered). Also make sure you Check the Divorced in the application. US consulate wants to make sure you have given the right info to the Local authorities).
3. Based on your H1, your new wife will get her H4 stamped.(been through it so it works like a charm).
All the best
Thank you so much...
What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???
1. Divorce Decree.
2. New Marraige registration(India Marraige Registration). Take the Marraige certificate and the Copy of the Application(Application you provide at the local authority to get your new marraige registered). Also make sure you Check the Divorced in the application. US consulate wants to make sure you have given the right info to the Local authorities).
3. Based on your H1, your new wife will get her H4 stamped.(been through it so it works like a charm).
All the best
Thank you so much...
What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???
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kirupa
07-27 02:59 PM
Ah - glad you found the answer. I was thinking that because ShowDialog is a modal dialog, it may be blocking any operations that are going on in the background. I failed to realize that OpenFileDialog does not have a non-modal Show method which displays the dialog without forcing it to have all of the app's attention.
:)
:)
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GKBest
09-29 03:24 PM
Looks like an unique situation...no reply from anybody...
I'm just wondering why would they waive the fee. Are you exempt from paying?
I'm just wondering why would they waive the fee. Are you exempt from paying?
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ujjwal_p
06-02 06:12 PM
My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.
I don't think its a good idea. I think this is where the "Last action rule" of USCIS comes in. While being processed, if you leave the country, then the transfer will probably not be processed. Not a lawyer but I think you should wait to get the approval before travelling.
I don't think its a good idea. I think this is where the "Last action rule" of USCIS comes in. While being processed, if you leave the country, then the transfer will probably not be processed. Not a lawyer but I think you should wait to get the approval before travelling.
more...
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garamchai2go
12-19 08:13 AM
Hi All,
Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).
Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?
THANKS IN ADVANCE!
- Amit
My visa:
- I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.
- With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?
My Wife's visa:
- she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?
Rather than taking inputs from forum members on the documents required, I recommend go to Consulate website or vfs website to find the list of documents. Ex: http://chennai.usconsulate.gov/work_visas_h_l.html
Yes, carry all your AOS related documents. Please note that, you cannot expect passport immediately after stamping. This is due to extra PIMS clearance introduced recently. In my case, my passport with visa stamp reached me only after 10 business days. So please have that extra buffer in your travel schedule.
After going through the nervousness of waiting for passport I felt it would have been better if I did not go to stamping in first place. Just travelled on AP would have been wise decision.
Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).
Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?
THANKS IN ADVANCE!
- Amit
My visa:
- I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.
- With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?
My Wife's visa:
- she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?
Rather than taking inputs from forum members on the documents required, I recommend go to Consulate website or vfs website to find the list of documents. Ex: http://chennai.usconsulate.gov/work_visas_h_l.html
Yes, carry all your AOS related documents. Please note that, you cannot expect passport immediately after stamping. This is due to extra PIMS clearance introduced recently. In my case, my passport with visa stamp reached me only after 10 business days. So please have that extra buffer in your travel schedule.
After going through the nervousness of waiting for passport I felt it would have been better if I did not go to stamping in first place. Just travelled on AP would have been wise decision.
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SmSm
05-25 12:35 PM
Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.
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fatjoe
09-06 02:06 PM
I called USCIS and I was told that, in (mid) July, NSC and TSC were the only Service centers receiving applns. USCIS has received enormous # of applications in and around mid-July and they are stagnant somewhere in the Service Centers. Applications are not moved from NSC to TSC. They are in the service center where they were sent.
They may be in the system by the end of this month. I guess we'll have to wait, only time will answer.
They may be in the system by the end of this month. I guess we'll have to wait, only time will answer.
Pineapple
08-05 12:37 AM
An I-140 has nothing to do with I-485, except to the extent that an I-140 has to be approved before an I-485 can be approved. So I-140 approval is must before an I-485 can be approved. Further, an I-140 is not related to the priority date - An I-140 can be filed any time once one has an approved labor (Assuming, of course, one is applying in EB2/EB3). But I-485 can only be picked up for processing (or even filed) if the priority date is current.
If your I-485 date is not current, it does not matter what you do about your I-140. The question about affecting I-485 is irrelevant if your priority date is not current, which is the situation now.
(USCIS is accepting I-485 applications now until August 17th even though the priority date - the visa availability, in short, is "U", unavailable - but that is a rate exception, and does not affect the actual processing of I-485s: 485's applied today will NOT be processed even if accepted, until the visa bulletin says visa numbers are available for your priority date)
Confusing? I'm afraid it is.. but anyway, the short answer to your question is, no. The people your refer to likely have applied I 485's earlier (say in June or earlier), and their fast approval is likely for different reasons, other than premium processing for I140.
PS: I'm not a lawyer, so don't shoot me, please..
If your I-485 date is not current, it does not matter what you do about your I-140. The question about affecting I-485 is irrelevant if your priority date is not current, which is the situation now.
(USCIS is accepting I-485 applications now until August 17th even though the priority date - the visa availability, in short, is "U", unavailable - but that is a rate exception, and does not affect the actual processing of I-485s: 485's applied today will NOT be processed even if accepted, until the visa bulletin says visa numbers are available for your priority date)
Confusing? I'm afraid it is.. but anyway, the short answer to your question is, no. The people your refer to likely have applied I 485's earlier (say in June or earlier), and their fast approval is likely for different reasons, other than premium processing for I140.
PS: I'm not a lawyer, so don't shoot me, please..
redcard
08-20 09:22 AM
My 140 was approved in 2007 and today I got a text message on phone that my application is sent to Nebraska, NE to review and status changed from Approved to Initial review.
Had any one been in same situation or had seen this before with some one else?
You have been current for a long time based on your profile.. did you check what is the status of your I485 application
Had any one been in same situation or had seen this before with some one else?
You have been current for a long time based on your profile.. did you check what is the status of your I485 application
