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tinkugadu
07-04 09:27 PM
My state in four lines

1) Came to US on F-1 Visa, never completed my masters

2) Shifted to H-1B and i have been with the same client and havent been to India for four years.

3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.

4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping

But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.

But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.

I had so many hoped on the current numbers . Any idea guys what can i do?
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nousername
08-20 09:13 PM
May be this will help you:

1. At POE there is a possibility they might give you the I-94 till December'09 only as that is when your PP expires. If this happens you will have to worry about filling for your H1 extension in November v/s in June, 2010 to get an updated I-94.

2. To best of my knowledge if you have a valid visa stamp on your passport then the Indian PP office needs to return the renewed PP in 24-48 hours.. My dad had something like this a while back, not sure if they changed the rules. Have someone from your family in India inquire about it.

In short get your PP renewed either before you leave or in India, don't wait to come back on an expiring PP.


I'm planning to travel to India next month. My passport expires in December 09 and my H1b stamp on the passport expires in July of 2010. Will there be any problem at the POE because of the short valid months left in the passport and H1B visa.

Thanks,
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jonty_11
07-23 04:49 PM
I'm going to ask my employer/lawyer for the receipt as I have to go out of country in the second week of October. But you never know, these guys don't care about your life.. They might still not give it to you... (Yeah, everyone knows I-485 is OUR application and they do not have a legal right to hold our receipt notices, but we are at their mercy for atleast 180 days)
well if u dont have receipt hance no EAD/AP, you are at their mercy forever.
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Bpositive
12-08 10:19 PM
by the way, I forgot to mention that I was in India when my GC was adjudicated on Oct 22.
At the immigration POE, I told the officer that my GC was granted while I was away. They took me to a room, I waited for 10 minutes, they checked on their system and later told me that I'm good to enter on GC. I looked at my passport where they had canceled my H1 visa and stamped LPR on the immigration stamp which stands for Legal Permanent Resident.

So, no probs returning to the U.S. I even took the liberty to stand in the GC/ citizen Q at the airport :D

That's very useful feedback....appreciate it.
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ravi2patel
07-24 08:41 AM
If the new company has a "succession of interest" clause in its take over, basically where it "succeeds to the interests and conditions of the previous company", including it's immigration interests such as your employment based immigrant visa application, you should be able to continue with your application. I guess you would have to include a "succession of interest" document with your application.

I had to do the same thing with my company when it was taken over. However, this happened during labor certification stage so I dont know if it would be different for I-485. Please c nsult with an attorney though, maybe even three or four different ones and give them the exact details of the takeover.

Hi..what is "succession of interest" document...is it the actual 'merger' contract ?

Other problem i have is getting hold of an attorny as all are busy with the aug.17th deadliners...let me know any good ones in central,NJ area. Thanks
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gccube
04-08 10:18 AM
I called the TSC IO a few times and finally it got cleared. Yes my PD is current and I wish the case gets assigned to some one soon.
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msyedy
02-05 01:30 PM
Hi,
I am a doctor from India and came to US on B1/B2 visa. I have cleared my Step1 and step2 USMLE and preparing for CS Exam. I am looking for a observership or externship oppertunity.

I applied and called a lot of places but no luck because of my visa situation. Please let me know if anyone here knows of any hospitals offering observerships for IMGs.

Thanks

There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
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anoopraj2010
08-04 12:42 PM
Amit, Glad (yet sad due to the scenario) I have company :) Seems like you will eventually get a GC in 2 years when she becomes a citizen - mine will be 4 years.

Question for you is if you are ever grilled on POE due to AP for yourself and have you been ok traveling alone without the primary applicant? My wife has been putting off travel as she is totally confused on traveling as the immigration status is in a grey area as I am now on GC and she is not on a valid H4.


anoopraj2010

you have been waiting for just 1 year. My wife(primary applicant) got her GC exactly 3 years back while i could not be approved due to pending name check. Then the whole thing retrogressed. Have been renewing AP/EAD since then.I know couple of other people in same boat. I think this is more common than you think
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bombaysardar
07-16 09:08 AM
see Greg Siskind's blog :
http://blogs.ilw.com/gregsiskind/

An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting


Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.

This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:

- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack

One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.
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mnq1979
05-14 08:13 PM
I have couple of questions and would like GURUS to reply:

1) Can any one tell me that what triggers the Employment RFE. Like in what instances the USCIS sends the RFE for employment verfication.

2) I am not working for the employer who sponsered me for the green card, but i can always get the letter from him stating that the position for which he sponsered me is still available.
If i get the employment RFE will it be OK to send the letter from the employer who sponsored me or do i have to get the letter from my current employer.

Please shed some light on it. !!!!
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amit79
04-16 08:03 AM
USCIS started sending notifications for Premium Processing petitioners on 15th April, 2008. As we start receiving notifications, a lot of H1B petitioners using IV are waiting to hear from USCIS, this thread can help keep the information in one place and provide quick access to the current status of notifications. Those received their notifications from USCIS can put in the results in the following format

Quota - General/Higher
Premium Processing - Yes/No
Notification Date - xx/xx/xx
Receipt Number - Yes/No
Waiting List - Yes/No
Notified via - email/postal mail
Employer - Consultant/Company
Multiple Petitions - Yes/No

Comments - you can put any extra comments that are relevant

Good Luck.
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eb2dec2005
09-25 02:54 PM
http://www.reason.com/images/07cf533ddb1d06350cf1ddb5942ef5ad.jpg

Enjoy

Good Illustration. It completely explains the plight of legal immigrants.
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dvb123
11-21 11:06 AM
[Federal Register: November 21, 2007 (Volume 72, Number 224)]
[Notices]
[Page 65588]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no07-75]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2426-07; DHS Docket No. USCIS-2007-0043]
RIN 1615-ZA61


Cuban Family Reunification Parole Program

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This Notice announces U.S. Citizenship and Immigration
Services' Cuban Family Reunification Parole Program. Under this
program, U.S. Citizenship and Immigration Services is offering
beneficiaries of approved family-based immigrant visa petitions an
opportunity to receive a discretionary grant of parole to come to the
United States rather than remain in Cuba to apply for lawful permanent
resident status. The purpose of the program is to expedite family
reunification through safe, legal, and orderly channels of migration to
the United States and to discourage irregular and inherently dangerous
maritime migration.

DATES: This Notice is effective November 21, 2007.

FOR FURTHER INFORMATION CONTACT: Manpreet S. Dhanjal, Refugee Officer,
U.S. Citizenship and Immigration Services, Department of Homeland
Security, 111 Massachusetts Avenue, NW., 8th Floor, Washington, DC
20529, Telephone (202) 272-1613.

SUPPLEMENTARY INFORMATION:

I. Background

In furtherance of the U.S.-Cuba Migration Accords, the United
States endeavors to provide a minimum of 20,000 travel documents
annually to aspiring Cuban emigrants. See Joint Communiqu[eacute] on
Migration, U.S.-Cuba (Sept. 9, 1994) (known together with the May 2,
1995 Joint Statement as the U.S.-Cuba Migration Accords (hereinafter
``Migration Accords'')). In so doing, the United States offers a safe,
legal, and orderly means of coming to the United States. To date, the
majority of travel documents issued under the Migration Accords fall
into one of three programs: family-based immigrant visas; refugee
resettlement; and parole under the Special Cuban Migration Program,
also referred to as the Cuban Lottery. For information on the Cuban
Lottery, see http://havana.usinterestsection.gov/diversity_program.html
.

Two aspects of the existing array of migration programs limit the
ability of the United States to effectively promote safe, legal, and
orderly migration as an alternative to maritime crossings. First, with
the exception of ``immediate relatives'' (e.g., spouse, unmarried
child) of U.S. citizens (USCs), the number of family-based immigrant
visas that are available in any given year is limited by statute. See
Immigration and Nationality Act (INA) sections 201(c), 202(a) & 203, 8
U.S.C. 1151(c), 1152(a) & 1153. The statutory caps have resulted in
long waiting periods before family members remaining in Cuba may rejoin
the USCs and lawful permanent residents (LPRs) residing in the United
States who petitioned for them. Second, the United States has not been
permitted to hold a new registration period since 1998 due to
constraints placed on the Cuban Lottery program by the Cuban
Government. This greatly reduces the pool of individuals to whom the
United States may issue travel documents.
For these reasons, this Notice adds the Cuban Family Reunification
Parole (CFRP) Program to the list of migrant programs based on which
the United States issues travel documents under the Migration Accords.

II. The CFRP Program

Under the CFRP Program, USCIS may exercise its discretionary parole
authority to permit eligible Cuban nationals to come to the United
States to rejoin their family members. See INA section 212(d)(5)(A), 8
U.S.C. 1182(d)(5)(A) (permits parole of an alien into the United States
for urgent humanitarian reasons or significant public benefit); see
also 8 CFR 212.5(c) & (d) (discretionary authority for granting
parole). Granting parole to eligible aliens under the CFRP Program
serves the significant public benefit of enabling the United States to
meet its commitments under the Migration Accords as well as reducing
the perceived need for family members left behind in Cuba to make
irregular and inherently dangerous attempts to arrive in the United
States through unsafe maritime crossings, thereby discouraging alien
smuggling as a means to enter the United States. Whether to parole a
particular alien remains, however, a case-by-case, discretionary
determination.

III. Participation in the CFRP Program

USCIS will offer participation in the CFRP Program to Cuban
nationals who reside in Cuba and who are the beneficiaries (including
any accompanying or following to join spouse and children (see INA
section 203(d), 8 U.S.C. 1153(d)) of a properly filed Form I-130,
``Petition for Alien Relative,'' that has been approved, but for which
an immigrant visa is not yet immediately available.
Under the CFRP Program, USCIS or the Department of State's National
Visa Center (NVC) will mail written notice to U.S.-based USC and LPR
petitioners whose Forms I-130 have been approved regarding their
beneficiary's eligibility to participate in the CFRP Program and the
procedures for requesting parole. However, participation in the CFRP is
voluntary. If USCIS exercises its discretion to grant parole, it will
issue the necessary U.S. travel documents to the beneficiary in Cuba.
These travel documents will enable the beneficiary to travel safely to
the United States to rejoin his or her family members.
Participation in the CFRP Program is not available to aliens who
qualify as ``immediate relatives'' under section 201(b)(2)(A)(i) of the
INA, 8 U.S.C. 1151(b)(2)(A)(i). The extraordinary benefit of parole is
not needed for these aliens, since they may seek visas for travel to
the United States immediately upon the approval of Form I-130.
Additional information about the CFRP Program will be posted at
http://www.uscis.gov.


Dated: November 15, 2007.
Emilio T. Gonzalez,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. E7-22679 Filed 11-20-07; 8:45 am]

BILLING CODE 4410-10-P
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help43
09-10 10:56 PM
Thanks for your replies and help

Which consulate i need to go if i want to go for stamping.......

http://www.happyschoolsblog.com/i797a-i797b-i797c-difference/

According to above link they are saying i need to go to india for stamping ........

please advise me on this.........
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Dipika
08-14 01:10 PM
Not sure what way they are going to approve cases.
But i noticed, All approved cases are clear, means no RFE in any stage.
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visa_reval
12-12 11:34 AM
This is a good doc to help you get started in correcting your I-94.
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kaisersose
12-17 10:16 AM
This is hardly the way to handle a 485 rejection. Your statements not supportd by details are very dubious. If what you are saying is indeed true, go talk to your lawyer. Asking incomplete, questions on a discussion forum is hardly the way to go.

USCIS will not send a bald letter with a one line statement that your 485 was denied. They are required to provide a detailed justification in defense of their decision. And this again makes your claim suspect.
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gcformeornot
12-31 02:15 PM
please vote....... be good samaritans..... you know what I mean...
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permfiling
12-09 10:40 PM
My cousin has a offer from a employer in CA who is willing to do H1 transfer but the condition mentioned in the agreement is that

In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

Now my cousin got her GC through her hubby which her employer does not know .

The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
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10-04 11:33 PM
:p...I loved that you just gave a name....and then the choice of the name is just hilarious ! (not that it may not be a true name...but still!!!)
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krishna_brc
07-11 05:47 PM
Thanks a lot for your valuable input.

But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?

Please let me know.

Thanks for all your input in advance.

I believe as long as you are getting paid a salary which is greater or equal to what was mentioned in Labor/140 you should be fine.
There will not be question of Ability to Pay as you will getting paid at the time of RFE and size of the company doesn't matter.
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