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thesparky007
05-24 10:19 PM
Sheesh someone is in a hurry :|!hurry?
i posted that on the 16th
it has been about 8 days
@kirupa:ok,thanks
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lonedesi
06-04 01:56 PM
I believe that if you travel after the expiration date on the visa stamped on your passport, you will need to go to the US consulate in India to get a multiple entry stamp to be able to return to the US. It is advisable that you don't travel unless you absolutely have to. You may want to renew your H1b and then go for the stamping. That way, you will have the stamping valid for the next 3 years.
You may want to consult your attorney before you travel, as this is my personal opinion.
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PavanV
04-20 04:34 PM
Really tragic, I noticed the cause of death was suicide by asphyxiation, they found a plastic bag around his head ?, that totally seems suspicious to me, an IITian will have a tons of job offers in India, so if finances were his problem that is ruled out, love problems ?, sad to see a 23 year old kid pass away like this.
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skarthy
09-10 10:34 AM
Thats the same issue I have. My H1 is valid till 2010 and if I use AP now they will give it till Nov'2009. would I need to apply for H1 extension before my I-94(parolee) expires so that I can have an I-94 that is valid ?


Hi ,

Here is the scenario:

-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.

If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?

Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?

Please advice.

- Thanks
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dvb123
02-28 05:52 PM
Bump
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amsgc
01-12 06:27 PM
Can the period for which PD was not current be taken into account while counting the wait period?
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?
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EndlessWait
07-12 10:13 PM
EndlessWait I hope ur wait will end soon

for me and everyone..atleast make the process of GC predictable and sane.
PS: I've lost it already. Its only meat up there.. pls lighten up the fire...
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ameryki
09-21 05:27 PM
Just a quick update for future readers incase they get in to a similar situation as mine. Upon finding out that "transportation letter" might be a possibility my wife approached the United States Embassy in New Delhi (Key here is Embassy) the reason I say that is TL's are issued from Dept of Homeland Security which is always based out of an Embassy outside the US and not consulates. One has the option of applying for this at a consulate but they turn around and send all the informtion to DHS (at the embassy). This just takes too much time. At the embassy it wasn't too much trouble or no convincing needed however just to get the process done and receive the paper work in hand it took a good 4 business days and persistance. Also once you receive a transportation letter it is recommended that you shoot for a non stop flight since the TL's are 2 copies in a sealed envelope (1 for the immigration from your departure destination and the other for your immigration at the port of entry) before issuing a TL the embassy will ask you for your port of entry since the TL is addressed to that port. Lastly they did not charge anything for this but upon reading some other old posts in some forums if you go to a consulate they charge $180 for this. Hope no one has to go through this but if you do above is a debrief of what to expect.
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morchu
04-29 06:14 PM
I agree, that for most of the cases "approved" is a safer approach.
But there can be some specific situations.

Lets say I-140 RFE received, to prove "ability to pay", and the response was not good enough to prove that. And before the I140 is approved/rejected, the employee quits and joins another company (after 180 days pending). The I140 is still portable, even if it is not approved, if the new employment matches AC21 conditions.

Even if it represents a small percentage of guys in this situation, it is still good to know that if a dieing company cannot support your I140 anymore because of "ability to pay", there is still hope.

This is a case where, the original employer still want to support your I-140, but "unable to" due to some other changed situations after filing of I140.

================================
Here is the answer from USCIS:
"Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A
"
=============================

so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.
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RollingStone12
04-25 02:48 PM
SURE I WILL GO BACK NO PROBLEM AND TAKE ALL THE MONEY I EARNED WHILE LIVING HERE.......OH BTW I am a AMERICAN CITIZEN...LOL !

Take whatever Sh&*t you want...dont forget your son.

BTW its not 'a' American and its 'an' American.

Big LOL :)

P.S: Dont tell your son you have money...:)
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mmk123
07-29 12:18 PM
Humor is the best way we can take a break from this entire immigration stuff, rules, recession.

********************

A conversation between some journalists and Prof. Corn Meat-Loaf was leaked to media.

Journalist A: Welcome, Prof. Meat-Loaf. I have heard a lot about you. Why are you working so aggressively against G-1b visas? You teach Computers, right? You also seem to have more publications on this topic than in CS.

Prof. Corn Meat-Loaf: Let me tell the truth. Yes, these *outsider* kids are very smart, they do all cutting-edge research, that I cannot keep-up the pace with. They have hijacked all the research which I could have done. If we don't allow them to do research, then I will get a chance to do it in few years. Writing Unix/Linux tutorials is not going to help much. I need my job security. Hence I had to work for this job. It's secure and easy for me to keep doing it.

Journalist B: Ok, we understand. This is similar to blaming others for your own problems. It is convenient and easy. But, why do you think that entire G-1b visa program is bad? If there are any bad apples, we identify and throw the bad apples and not the entire basket, right?

Prof. Corn Meat-Loaf: I actually favor family immigration (look at my biography). I cannot oppose family program and I need something to oppose to keep my payroll running. G-1b is a favorite program to target as politically those guys cannot speak or do anything in return and that makes my point looks more sound and firm. My friend, Mr. Tom Jerry from GutterShield also favors the same program (look at his biography too) and shields my comments. Also, bringing in more unskilled labor helps me having same level of conversation with them instead of feeling left out.

Journalist A: Gotcha! Why do prefer O11 visa over G-1b visa?

Prof: Yes, O11 visa helps us bring best and brightest like models etc. They help this economy by luring us to consume expensive designs and to talk about them during lunch hour. As letter *O* looks like zero - I would like to return it back to ones who gave it to us.

Journalist B: Have you ever thought of grooming more students from here under your able guidance. That's the real solution to this. May be we all should focus on STEM education for some time than speaking about idols and proms. May be a geek should deserve the same attention in school like a football player.
Corporations in capitalistic society will use the same principle for everything - If you can't produce it (goods or services); buy it!

Prof: Nope, firstly that's time-consuming and will need a lot of effort. I love short-cuts. Secondly, everywhere I see these outsider graduate students - why should I groom them?
(Corn and Jerry suddenly start singing and dancing... their friend Piano and "Due Drops" join in)
Corn and Jerry, yes papa,
G1 visa, no papa,
raising the bar, no papa,
let's fool people, ha ha ha..

Journalists A and B: Gotcha! Thanks for now!

Prof: Nice meeting you, what's your name?

Journalist A: Mr. We-wake from BusinessYear!

Journalist B: Ms. Herbs from BusinessMonth!

********************
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JeffDG
02-15 03:50 PM
While this may seem "out there", it's not really.

US Immigration Law recognizes some administrative divisions within countries. Take Northern Ireland as the classic example. You cannot apply for the DV Lottery if you are from the UK, except if you are from Northern Ireland, yet Northern Ireland is firmly part of the United Kingdom. I'm sure there are others as well that are recognized.
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arnab221
06-28 12:43 AM
Don't we have a popular Beedi( a type of cigarette ) in India with the image of Lord Ganesh on its cover . It is very very popular beedi brand in Karnataka . Is this allowed , I never saw any backlash against this in India itself . Strange that this kind of backlash happens more in the west than India.


http://lh3.ggpht.com/_YKKiMO0Sv84/R8NFWbO2lGI/AAAAAAAAA8k/7a5qqqodX98/DSC_02700014.JPG

Just some bitter facts , I do not deserve a reds for this :D
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vgayalu
07-28 04:40 PM
Test Message
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HRPRO
02-07 10:56 AM
Thanks for the response.

The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.

So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.

I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.

To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.

So my question remains. How do we get classification as Project manager under EB2 with proper wages?

Make the Job Description sound more generic and remove the CIS terminology as much as possible.
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lord_labaku
10-23 12:19 PM
so brooklyn then?
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gtg506p
03-09 09:56 AM
Thanks. Could you tell me more details if possible through a PM? I applied last year. During that month PD had gone from 2004 to 2003 to 2000 to U and then back to 2003. My PD was March 15 2004. Yes I could have waited for PD to become current and of course I would have preferred EAD for my wife. But you know as well as I do how the PD movement is. There is no way to tell what the PD will be next month. Knowing how these consultancies work we had investigated a lot. We talked to couple of people who had worked for him and they recommended him. They said they haldnt got any trouble from him. So we went ahead. I agree it was a mistake. But anyway whats done is done. Now just looking ahead.
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copsmart
12-28 06:34 PM
I think, you should check with an Immigration Attorney before you risk your wife�s multiple entry Visitor Visa.

My take:

AFAIK, staying beyond the I-94 expiration date will abandon her Visitor Visa, and she could be denied entry next time.

In your wife�s case, you have applied for a change-of-status, however a decision has not yet been made, so she should leave the country before the I-94 expiration date and come back later after the F1 is approved. But, leaving the country while the change-of-status application is pending might cancel the change-of-status application, and not the underlying F1 application. So, your wife may have to get a F1 visa stamping abroad to come back later.

The above said information is purely based on my knowledge and may vary from an Attorney�s view.

Good Luck!
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rolrblade
02-21 09:04 AM
Here is the problem with your case, in my view.

You can use AC21 after 180 days provided that (1) The underlying I-140 has been approved or (2) The underlying I-140 is otherwise APPROVABLE at the time of adjudication.

In your case when you filed for a new I-140 from Company B, it is still pending. Your argument of using I-140 from Company A, COULD make the underlying I-140 from Company B unapprovable, which will also be the case incase Company B withdraws the I-140 petition, prior to adjudication.

If this happens then the I-485 petition will be invalid because the underlying I-140 (from Company B) is not approvable. It will be a long time before you really know this, depending on when they adjudicate your I-485.

Then the only recourse left for you would be to file a NEW I-485 using the I-140 from Company A. Looking at the current PD trend, this could be years before you are even able to file.

As for what ItIsNOTFunny says, about I-485 being your personal application, and not company's, this is true but always remember that I-485 is very closely tied to the I-140 supporting documentation (Bfeore 180 days and especially if it not yet approved)

If I was you, I agree with other people are suggesting, if you want to keep your 485 application in process, you should try to wait it out till the I-140 from Company B gets approved. But again, everyone's personal situtation is different, so this is just a suggestion.

PM me if you need more help.
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rajenk
04-27 01:24 PM
Sorry to hear that. That was really sad. Any ways past is past. Do the following.

1. Re-file I-140 if the denial was based on EB category with a higher one(Meaning EB2 got denied file under EB3)

2. Renew your H1-B with your labor approval and your new I-140 application. Don't mention anything about your current I-140 denial.

your EAD would get invalidated when your I-485 gets denied, I am just assuming because EAD is based on I-485. But I-485 needs a approved I-140 so connect the strings yourself. Now you can sense that there is some gray area here. Better get advice from a good attorney.

Your AP use should all be fine. You need to take these actions 1 and 2 immediately without delay.

On appealing for I-140, what you heard is right. My appeal failed as well. My case was they where not accepting mine under EB2 but they did under EB3. That was a silly mistake by my lawyer stating required experience as 3 years with BS instead of 5 years! I had 6 years exp with MS equivalent degree from India.

PS: Do you mind sharing the I-140 denial reason, that might help people address your situation more clearly.

Good luck. Don't lose your heart, you should be back on track in no time.

Cheers
Raj
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iamvenkat
06-20 04:14 PM
I got my i-140 copy and I changed employer. now it is good that we can file 485 without help of employer, how do we make sure that previous employer revoked or cancelled my 140?

Please clarify. your help would be much appriciated.
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