FinalGC
11-09 08:54 AM
Munna Bhai:
You better get your 140 applied ASAP and hope that you get your approval before March 2007. Then you can apply for H1 for 3 years. I was in a similar boat and I got my 140 about 1.5 months before my H1 was expiring (8th year). I then used Premium Processing and got H1 in 4 days.
It will be tough call if you can get a 1 year renewal...check with your lawyers
Get moving fast man
You better get your 140 applied ASAP and hope that you get your approval before March 2007. Then you can apply for H1 for 3 years. I was in a similar boat and I got my 140 about 1.5 months before my H1 was expiring (8th year). I then used Premium Processing and got H1 in 4 days.
It will be tough call if you can get a 1 year renewal...check with your lawyers
Get moving fast man
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Dipika
12-22 04:56 PM
This have info about Green, Yellow, Pink, White 221g slip and images of it.
221(g) US visa refusal. Blue, pink, yellow, green, white forms at New Delhi, Chennai, Mumbai (http://www..com/visas/221grefusal/)
Here one can check the status of 221g slip processing,
Nonimmigrant visas Administrative Processing - U.S. Embassy of the United States New Delhi, India (http://newdelhi.usembassy.gov/nivadminprocnewdelhi.html)
221(g) US visa refusal. Blue, pink, yellow, green, white forms at New Delhi, Chennai, Mumbai (http://www..com/visas/221grefusal/)
Here one can check the status of 221g slip processing,
Nonimmigrant visas Administrative Processing - U.S. Embassy of the United States New Delhi, India (http://newdelhi.usembassy.gov/nivadminprocnewdelhi.html)
InTheMoment
07-11 10:37 PM
With all correct things said above: Yates Memo, Conditions of AC21 met (same/similar job, salary etc. 180+ days) and proof that you are regularly paid since joining the company (paystubs), EVL from new employer...
With all of the above supplied I can say from my own experience of joining a small company (50 employees) and submitting AC21 docs (to pre-empt any RFE - because I changed address and state of workplace; against my attorneys advise of waiting for an RFE) that it was the best thing I did. I had no RFE issued before I-485 approval.
So just send in the AC21 docs if you feel that there are redflags that may trigger an RFE for EVL (I-140 getting revoked, address change across state - diff from original employer, petition being very old)
With all of the above supplied I can say from my own experience of joining a small company (50 employees) and submitting AC21 docs (to pre-empt any RFE - because I changed address and state of workplace; against my attorneys advise of waiting for an RFE) that it was the best thing I did. I had no RFE issued before I-485 approval.
So just send in the AC21 docs if you feel that there are redflags that may trigger an RFE for EVL (I-140 getting revoked, address change across state - diff from original employer, petition being very old)
2011 quot;Justin Bieber: Never Say
eilsoe
03-07 12:33 PM
voted for mlk, that is one sick design man... just love it... :thumb:
looks a little like 2A, but may just be the colorscheme :)
looks a little like 2A, but may just be the colorscheme :)
more...
traveldoc
09-11 09:46 AM
Dosen't matter if you are on H1 or EAD documents to be sent for AP are same. Here is my list. Pls also check other posts to get a second opinion.
- A letter requesting AP explaining why you want to travel.
- $305 check
- Copy of I-140 approval
- Copy of I-485 receipt notice
- Copy of EAD
- 2 photos
- Any previous H1 approvals if applicable (dosen't hurt to include)
- A letter requesting AP explaining why you want to travel.
- $305 check
- Copy of I-140 approval
- Copy of I-485 receipt notice
- Copy of EAD
- 2 photos
- Any previous H1 approvals if applicable (dosen't hurt to include)
genius
04-18 07:41 PM
Can no news be good news,in case your application has been selected and not returned?
more...
LostInGCProcess
06-17 05:05 PM
The thing is AC21 applies to you as long as your I-485 is pending - the exact wording.
The law allows you to change the job, but the job must be same or similar. Also, the law states, that the burden of proof lies on you, USCIS doesn't have to prove anything. So, if in the future (at time of citizenship or upon investigation) should they allege that you broke the law - you have to prove that you didn't.
In this case EVL, W2s, and paychecks is enough to prove.
The law allows you to change the job, but the job must be same or similar. Also, the law states, that the burden of proof lies on you, USCIS doesn't have to prove anything. So, if in the future (at time of citizenship or upon investigation) should they allege that you broke the law - you have to prove that you didn't.
In this case EVL, W2s, and paychecks is enough to prove.
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bsbawa10
11-04 09:28 AM
(Punjabi) Holi gairan nal khadee too batheree , sadee vari rang mukiya
Translation:
You played Holi with everybody else, but when my turn came , you ran out of color.
Translation:
You played Holi with everybody else, but when my turn came , you ran out of color.
more...
sac-r-ten
01-30 11:43 AM
Hello Sac-r-ten,
Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.
Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.
Your input might help me. Thank you in advance
I have a BE in Electronics (4yrs) from reputed univ in india. they thought it is a 3 yr course and denied it. i did education eval and sent them all the semester marksheets, degree certificate (which i had sent in original I140 application as well) again along with the eval. How can they be so blind. all the hardships i went thru in my engg just flashed thru my eyes when they said they did not find it equivalent to their course done here.
Anyways,I am relieved that at least i have a H1 now for few more yrs.
All the best to you.
Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.
Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.
Your input might help me. Thank you in advance
I have a BE in Electronics (4yrs) from reputed univ in india. they thought it is a 3 yr course and denied it. i did education eval and sent them all the semester marksheets, degree certificate (which i had sent in original I140 application as well) again along with the eval. How can they be so blind. all the hardships i went thru in my engg just flashed thru my eyes when they said they did not find it equivalent to their course done here.
Anyways,I am relieved that at least i have a H1 now for few more yrs.
All the best to you.
hair justin bieber never say never
Pagal
09-08 02:06 PM
Hello,
You can work with your HR and lawyers in creating a better job description. Here are some points that I would consider in creating a job description that is honest and flexible...
1. Job should be for future placement (say, in 3-5 years time)
2. Job should offer you reasonable career and skill growth
3. Job should not be constrained to a single geographic location in US
4. Job title should match one of the broad skill categories of DOL (this would allow you to change jobs without having to worry about implications on labor certification)
All the best...
You can work with your HR and lawyers in creating a better job description. Here are some points that I would consider in creating a job description that is honest and flexible...
1. Job should be for future placement (say, in 3-5 years time)
2. Job should offer you reasonable career and skill growth
3. Job should not be constrained to a single geographic location in US
4. Job title should match one of the broad skill categories of DOL (this would allow you to change jobs without having to worry about implications on labor certification)
All the best...
more...
txh1b
08-16 05:57 PM
I would say you have to mention it during the interview if asked. Discuss with your attorney.
hot Justin Bieber #39;Never Say
loudoggs
08-27 05:46 PM
Email VFS with your question. Everytime I have emailed them, they have replied back within 24 hrs.
Just curious, why do you want to use the special category? Book your appointment through the normal procedure as there a lot of dates available.
I just booked my dates online some 2-3 weeks back and after filling in all the forms they automatically put a note on the DS156 form that said "Visa Renewal". I already have a H-1 and am going to get my 2nd H-1 stamped.
Hope this helps.
VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.
Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.
The below is the visa renewal criteria as defined on the website:
Visa renewal appointments are available to visa applicants who:
have a U.S. visa that has expired less than 12 months ago.
wish to apply for the same category visa (work, business, tourist, etc.)
are Indian nationals (hold Indian passports)
are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).
The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have never had a US visa.
Applicants who have a U.S. visa that expired more than 12 months ago.
Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
Non Indian passport holders
Applicants applying at the U.S. Consulate in Kolkata.
First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
Applicants applying for entertainment/performance visas(P3 category).
Applicants applying for unskilled worker visas (H2b category).
All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
Current, valid passport
Passports containing previously issued U.S. visas
As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)
Just curious, why do you want to use the special category? Book your appointment through the normal procedure as there a lot of dates available.
I just booked my dates online some 2-3 weeks back and after filling in all the forms they automatically put a note on the DS156 form that said "Visa Renewal". I already have a H-1 and am going to get my 2nd H-1 stamped.
Hope this helps.
VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.
Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.
The below is the visa renewal criteria as defined on the website:
Visa renewal appointments are available to visa applicants who:
have a U.S. visa that has expired less than 12 months ago.
wish to apply for the same category visa (work, business, tourist, etc.)
are Indian nationals (hold Indian passports)
are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).
The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have never had a US visa.
Applicants who have a U.S. visa that expired more than 12 months ago.
Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
Non Indian passport holders
Applicants applying at the U.S. Consulate in Kolkata.
First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
Applicants applying for entertainment/performance visas(P3 category).
Applicants applying for unskilled worker visas (H2b category).
All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
Current, valid passport
Passports containing previously issued U.S. visas
As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)
more...
house Justin Bieber - Never Say
techskill
08-10 11:49 AM
thats sigh of relief for me.
My friends attorney did'nt file his 485 unless he got new checks with his address imprinted on them.poor guy had to order new set of checks.
Not sure why attorneys do this
If the address in the checks and the applications should match then most of the AOS applications will be rejected for mismatch.
My friends attorney did'nt file his 485 unless he got new checks with his address imprinted on them.poor guy had to order new set of checks.
Not sure why attorneys do this
If the address in the checks and the applications should match then most of the AOS applications will be rejected for mismatch.
tattoo Justin Bieber never said never
a_yaja
07-18 11:02 AM
what is your country of birth? I know dates never went current to sep'08 for india...
His priority date was May 2004 - not Sept. 2008. He kept his original priority date.
His priority date was May 2004 - not Sept. 2008. He kept his original priority date.
more...
pictures Justin Bieber Surprises His
shaikhshehzadali
07-08 05:51 PM
They took 20 k tilll last month and no match.
____________________
contributed $260 so far
How do u know that?
____________________
contributed $260 so far
How do u know that?
dresses Justin Bieber: Never Say Never
485_se_dukhi
08-15 08:56 AM
I'm posting it where ever I can on different forums.
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makeup Justin Bieber Never Say Never
CCC
04-11 01:59 PM
Understood.
girlfriend Justin Bieber, Never Say
deecha
06-17 01:31 PM
It is illegal to derive income by selling iphone apps.
For F1 students, any off campus employment must be related to their area of study and must be authorized by your school's designated official...
see: USCIS - Students and Employment (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e34c83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=e34c83453d4a3210VgnVCM100000b92ca60a RCRD)
Again, you are not supposed to derive any income by selling iphone apps.
Disclaimer: I am not a lawyer. Please do not take this as a legal advice.
If you apply a very narrow employment criteria... you're absolutely right. A student may not accept employment off - campus. However in this case, I don't even think that selling iPhone apps, constitutes employment. Here is an extreme example : What if I wrote an app and put it on the Apple store and specified that all financial proceeds should go to the OP, without me deriving any kind of labor or tangible benefit from him (a donation of sorts) ? Would that be employment ? If that is considered employment and is illegal then I believe that the OP does not have a case.
Please refer to my other post about most laws not being absolute, but subject to interpretation.
I am not a lawyer and this is not legal advice in any way. To the OP, if you have doubts, it is best to consult a legal authority.
For F1 students, any off campus employment must be related to their area of study and must be authorized by your school's designated official...
see: USCIS - Students and Employment (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e34c83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=e34c83453d4a3210VgnVCM100000b92ca60a RCRD)
Again, you are not supposed to derive any income by selling iphone apps.
Disclaimer: I am not a lawyer. Please do not take this as a legal advice.
If you apply a very narrow employment criteria... you're absolutely right. A student may not accept employment off - campus. However in this case, I don't even think that selling iPhone apps, constitutes employment. Here is an extreme example : What if I wrote an app and put it on the Apple store and specified that all financial proceeds should go to the OP, without me deriving any kind of labor or tangible benefit from him (a donation of sorts) ? Would that be employment ? If that is considered employment and is illegal then I believe that the OP does not have a case.
Please refer to my other post about most laws not being absolute, but subject to interpretation.
I am not a lawyer and this is not legal advice in any way. To the OP, if you have doubts, it is best to consult a legal authority.
hairstyles Justin Bieber: #39;Never Say
jack_suv
07-20 10:49 AM
After analyzing the normal benefits of filing 485 are:
1. get Advance Parole so no need to go for visa stamping
2. get EAD for spouse so spouse can start working
Other benefits but rarely used.
3. AC21 portability. This is rarely used as it may generate unnecessary RFE from USCIS.
For unmarried both the normal benefits are not applicable since you need to be on H1 to bring spouse on H4; and since no spouse no need for EAD for spouse.
The only true benefit for unmarried is AC21 portability with H1 transfer under layoffs or low salary.
The big negative is spouse loses H4 on GC approval if your PD is not current before GC approval unless a status change had already been made.
1. get Advance Parole so no need to go for visa stamping
2. get EAD for spouse so spouse can start working
Other benefits but rarely used.
3. AC21 portability. This is rarely used as it may generate unnecessary RFE from USCIS.
For unmarried both the normal benefits are not applicable since you need to be on H1 to bring spouse on H4; and since no spouse no need for EAD for spouse.
The only true benefit for unmarried is AC21 portability with H1 transfer under layoffs or low salary.
The big negative is spouse loses H4 on GC approval if your PD is not current before GC approval unless a status change had already been made.
jcrajput
06-09 11:03 AM
Our I-485 is pending and we have EAD/AP to enter the US back. We are planning to travel to INDIA end of this year and we can use our AP to return. We also have our H1B/H4 visa approval until 10/2010. The question is:
1. Should we stamp our passport with H1B/H4 visas? If yes, does anyone has information about how to take an appointment from US for Mumbai embassy?
2. Is it recommanded to have passport stamped with H1B/H4 even if we have Advance Parole?
Please help. Thanks a lot.
1. Should we stamp our passport with H1B/H4 visas? If yes, does anyone has information about how to take an appointment from US for Mumbai embassy?
2. Is it recommanded to have passport stamped with H1B/H4 even if we have Advance Parole?
Please help. Thanks a lot.
digitalborealis
01-10 06:22 AM
No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.
D
D
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