amyleu
06-18 12:50 PM
I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
wallpaper tattoo cute holding hands
ca_immigrant
04-28 08:00 PM
These are so screwed up...
Looks like they are heavily back logged.. (mabye cause the conslate did not accept PIO and OCI applications for almost a month)
I sent in my daughter's OCI for miscelaneous service - move OCI sticker to new passport...
sent it in March and its still not yet reached the consulate..
when I applied the rules said they need a copy of old passport, they later changed the rules and are now saying you need to send orignal passport.
I sent the orignal passport also to them and since then no update -:(
Just impossible to reach them also...am on the phone since the last 2 hours -:( and still waiting...
they do not reply to emails either.
any one else here having trouble with them ?
Regards,
Looks like they are heavily back logged.. (mabye cause the conslate did not accept PIO and OCI applications for almost a month)
I sent in my daughter's OCI for miscelaneous service - move OCI sticker to new passport...
sent it in March and its still not yet reached the consulate..
when I applied the rules said they need a copy of old passport, they later changed the rules and are now saying you need to send orignal passport.
I sent the orignal passport also to them and since then no update -:(
Just impossible to reach them also...am on the phone since the last 2 hours -:( and still waiting...
they do not reply to emails either.
any one else here having trouble with them ?
Regards,
bugsbunny
04-04 04:14 PM
yeah there is no grace period...and am not sure you can transfer after it has been revoked
However to transfer you need to contact an immigration attorney who will file the new H1B application and pick the correct options...where it asks if its a transfer...once the application is filed you can immediately start working for the new company
However to transfer you need to contact an immigration attorney who will file the new H1B application and pick the correct options...where it asks if its a transfer...once the application is filed you can immediately start working for the new company
2011 house friends holding hands
uscisc
09-10 08:00 PM
I am not exactly in this scenario.
In my case I moved to a different company that already revalidated my H1B before moving to the new company.
So when they old company H1B is revoked, I say an LUD on the new company H1B. But there is no EVL RFE. And there is no soft LUD also on my I-485.
In my case I moved to a different company that already revalidated my H1B before moving to the new company.
So when they old company H1B is revoked, I say an LUD on the new company H1B. But there is no EVL RFE. And there is no soft LUD also on my I-485.
more...
jkays94
05-28 11:12 AM
^^^^
gcformeornot
05-24 04:37 PM
similar situation. Applied to NSC but received EAD from CSC. So EAD as number starting with CSC, I was thinking of choosing CSC.
Any other suggestions?
Any other suggestions?
more...
srgadi
10-21 06:28 PM
Got the CPO e-mails a short while ago. Its been a long wait (came to US in 1998) but ends well :)
Best of luck with all who are still waiting to be greened!!
Best of luck with all who are still waiting to be greened!!
2010 Four friends holding hands
kmuralidhar
08-22 12:12 PM
I am on the same boat. My case was transfered to NSC and my receipt number starts with WAC.
I am a July 2nd 2007 filer. When i spoke with an IO few days back, he told me that they will process according to the NSC processing dates even through the receipt # starts with WAC. The IO has also confirmed that even though the case has got two receipt dates (one with CSC RD and another with NSC RD), they will consider the first one (July 2nd) to process the case.
I am a July 2nd 2007 filer. When i spoke with an IO few days back, he told me that they will process according to the NSC processing dates even through the receipt # starts with WAC. The IO has also confirmed that even though the case has got two receipt dates (one with CSC RD and another with NSC RD), they will consider the first one (July 2nd) to process the case.
more...
ABHI1
11-12 06:38 PM
Thank you very much for the advise.Is the I524 the only form that I have to fill.Please advise on this......
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raydon
06-25 08:15 PM
Our visa stamp (H1B/H4) are expired in our passports. We are planning to travel via 'Frankfurt (FRA), Germany' to Mumbai in Lufthansa airlines and we will get our passport stamped in Mumbai. Does anyone have experience travelling via 'Frankfurt (FRA), Germany' without visa stamp in passport?
I know that travlling via London has some difficulties but not sure about 'Frankfurt'.
Please let me know.
FYI..We have our EAD and I-485 is pending with approved I-140.
Thanks for your help.
Jignesh
You should not have any issues travelling via Frankfurt to India with an expired visa stamp. I've travelled as recently as last month with an expired visa stamp.Returning to the US with a visa stamp or using advanced parole should be fine.
I know that travlling via London has some difficulties but not sure about 'Frankfurt'.
Please let me know.
FYI..We have our EAD and I-485 is pending with approved I-140.
Thanks for your help.
Jignesh
You should not have any issues travelling via Frankfurt to India with an expired visa stamp. I've travelled as recently as last month with an expired visa stamp.Returning to the US with a visa stamp or using advanced parole should be fine.
more...
cardamon
08-29 09:33 PM
Hi folks,
Does anybody know if there is a receipt for I-140?
I'd like to make sure that it was successfully received by processing center. Do you think it is polite to ask my company lawyer for this receipt or since she told me that it was filed I should just sit and relax...:rolleyes:
Does anybody know if there is a receipt for I-140?
I'd like to make sure that it was successfully received by processing center. Do you think it is polite to ask my company lawyer for this receipt or since she told me that it was filed I should just sit and relax...:rolleyes:
hot Two friends holding hands and
rajeshpatl
09-14 09:47 AM
Hi,
Raj Iyer and glus, I am married and have child born in USA. so I don't think I have this option before my parents become citizen.
Thank you.
Raj Iyer and glus, I am married and have child born in USA. so I don't think I have this option before my parents become citizen.
Thank you.
more...
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485Question
09-18 11:19 AM
Cannot express, we are missing a lot. Keep going great effort.
Thanks
Thanks
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memyselfandus
07-27 12:08 AM
You will receive the receipit with-in 3 months or at worst in 6 months and then the medical report.
more...
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silverfishy
05-06 05:27 PM
Folks:
Need advice on my birth certificate matter.
I have my birth certificate. My DOB is correct on it along with Date of its registration (DOB+5 days).
My father's name and mother's name is not spelt exactly the same as in my passport.
Example:
my father's name has an extra "bhai" in the name. xxxxbhai yyyyy zzzzz
my mother's name has only her first name and not her full name. aaaaa
My passport has thier correct full names.
What kind of document(s) would i need to submit in order for me to use thier names listed on the passport? Could this cause an issue?
OR am I preparing for no reason?
Thanks for all your help,
Silverfishy
Need advice on my birth certificate matter.
I have my birth certificate. My DOB is correct on it along with Date of its registration (DOB+5 days).
My father's name and mother's name is not spelt exactly the same as in my passport.
Example:
my father's name has an extra "bhai" in the name. xxxxbhai yyyyy zzzzz
my mother's name has only her first name and not her full name. aaaaa
My passport has thier correct full names.
What kind of document(s) would i need to submit in order for me to use thier names listed on the passport? Could this cause an issue?
OR am I preparing for no reason?
Thanks for all your help,
Silverfishy
dresses Multi-ethnic friends holding
Green_Always
07-28 08:20 PM
fyi
Congress may push India's IT firms to Mexico with H-1B crackdown (http://www.computerworld.com/s/article/9135883/Congress_may_push_India_s_IT_firms_to_Mexico_with_ H_1B_crackdown)
Congress may push India's IT firms to Mexico with H-1B crackdown (http://www.computerworld.com/s/article/9135883/Congress_may_push_India_s_IT_firms_to_Mexico_with_ H_1B_crackdown)
more...
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andycool
07-02 10:36 AM
Hi All,
I got my COS from H4 to F1 approved in first semester itself (Fed-2010), now my questions is I don�t have plans for going to India in next couple of years so after completing my masters can I apply for OPT without having the F1 Visa stamping OR should I have to get F1 Visa stamping in India in order to get the OPT after my masters.
You can get OPT after completion of your masters program you don't need visa for OPT .
Thanks
I got my COS from H4 to F1 approved in first semester itself (Fed-2010), now my questions is I don�t have plans for going to India in next couple of years so after completing my masters can I apply for OPT without having the F1 Visa stamping OR should I have to get F1 Visa stamping in India in order to get the OPT after my masters.
You can get OPT after completion of your masters program you don't need visa for OPT .
Thanks
girlfriend little hands :: holding hands
IneedAllGreen
06-18 12:41 AM
Its alright most of the time USCIS looks for last year or last 2 years tax return. I think W-2 is good enough to prove that you are eligible for Tax return.
Hi everyone,
I have 2004 W2 but cant seem to find my tax return. I have 2003, 2005, 2006tax returns but not 2004. What can I do to get that return. Please any advice will be appreciated.
Thanks
Hi everyone,
I have 2004 W2 but cant seem to find my tax return. I have 2003, 2005, 2006tax returns but not 2004. What can I do to get that return. Please any advice will be appreciated.
Thanks
hairstyles Four Young Friends Holding
smrryl
01-07 09:19 AM
Hi,
I 've applied for my H1 extension in August 2009 (Just two weeks before my previous I-94 was expiring), after a month I have been facilitated with RFE for client letter. As usually my client denied providing me a letter and told me to contact primary vendor for any of this kind. Finally got a letter from primary vendor with roles and responsibilities of mine with very extended duration. RFE was answered with the primary vendor letter, and after couple weeks extension was denied.
Now my previous H1 got expired two months back, initially my employer told me that he will open MTR but attorney suggested that chances of MTR success is less and asked to file new application for extension. Another application (premium) was filed within 2 weeks of first application denial and after couple weeks my extension was approved.
1. will the period between initial H1 expirey date and approval of 2nd application for extension considered as "out of status" ?
2. Had to visit india and need to go for stamping, how is mexico in my case?
3. I heard that due to not having an entry in PIM, applications are kept pending for 4 to 6 days in india with 221g. How about mexico, will it be same?
Thanks in Advance.
smrryl
I 've applied for my H1 extension in August 2009 (Just two weeks before my previous I-94 was expiring), after a month I have been facilitated with RFE for client letter. As usually my client denied providing me a letter and told me to contact primary vendor for any of this kind. Finally got a letter from primary vendor with roles and responsibilities of mine with very extended duration. RFE was answered with the primary vendor letter, and after couple weeks extension was denied.
Now my previous H1 got expired two months back, initially my employer told me that he will open MTR but attorney suggested that chances of MTR success is less and asked to file new application for extension. Another application (premium) was filed within 2 weeks of first application denial and after couple weeks my extension was approved.
1. will the period between initial H1 expirey date and approval of 2nd application for extension considered as "out of status" ?
2. Had to visit india and need to go for stamping, how is mexico in my case?
3. I heard that due to not having an entry in PIM, applications are kept pending for 4 to 6 days in india with 221g. How about mexico, will it be same?
Thanks in Advance.
smrryl
number30
06-25 06:45 PM
I am on H1B visa and my wife has filed N400. We have been married for 1 year and 2 months. she just gave her finger printing on June 10th. we have not yet filed I130 petition as of yet as we were thinking to do that after she gets her citizenship. But today I got laid off from work and the immigration officer mentioned that my wife should file I130 ASAP to avoid deportation. In form I30 On line Item 15 it says to enter the name and address of present employer. I got laid of from work on June 19 today and my wife is filing this I130 petition on Monday June 23. My termination letter indicates june 19th date. I will receive my last pay stub on July 3rd.
Should I put the name of the current employer on line 15 or should I say "unemployed" and explain in a seperate piece of paper about recent layoff? I will be out of status and will be inviting immigration if I mentioned that. Please help.
I assume your wife is not yet citizen. As a spouse og GC holder Applying I-130 does not change anything . wait until your wife gets citizenship and apply. Otherwise you have to conversion
Should I put the name of the current employer on line 15 or should I say "unemployed" and explain in a seperate piece of paper about recent layoff? I will be out of status and will be inviting immigration if I mentioned that. Please help.
I assume your wife is not yet citizen. As a spouse og GC holder Applying I-130 does not change anything . wait until your wife gets citizenship and apply. Otherwise you have to conversion
dipmay2002
10-28 06:30 PM
But for that I have to wait one full year and deductions are $1400 more per month.
