glus
03-07 12:24 PM
What you did was technically , not an appropriate step. It is clearly mentioned on AP that it is not intended to circumvent the visa process and this is exactly what you did. Either you should travel on AP OR apply for visa and wait for the visa. One of my friends did this and POE was not happy with it. So one should use AP very carefully.
Circumvent a visa does not = with the fact that one's H1 visa petition is pending for long and uses AP to re-enter. There is nothing wrong with this. Entering on AP instead on H1 is not 'circumventing visa.' Once he receives an email that his H1 can be issued, he can go back, get h1 and re-enter without any issues.
Circumvent a visa does not = with the fact that one's H1 visa petition is pending for long and uses AP to re-enter. There is nothing wrong with this. Entering on AP instead on H1 is not 'circumventing visa.' Once he receives an email that his H1 can be issued, he can go back, get h1 and re-enter without any issues.
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eb2_mumbai
10-20 09:35 PM
First of all I am not going to judge you by your actions because I do not know the full story of why you did it.
Now coming back to your question. There are few things you need to do.
1) Talk to a reputed immigration attorney. Take consulting time and tell them the whole story honestly they are the best people to guide you
2) As far as I can tell you out of status triggers a bar of 10 years on immigration to US. Perhaps if your wife can least get out of country and come back (re-enter) into the country on a valid visa then after admission perhaps you can take advantage of 245 (k) clause that counts OOS from last lawful admission for GC processin, but there is a chance that she might be denied entry if CBP officer can see her OOS in the system for some reason.
My advice is what ever you do make sure you consult an attorney and not some friend or some one from a forum. You have already made situation difficult do not make it any worse.
Now coming back to your question. There are few things you need to do.
1) Talk to a reputed immigration attorney. Take consulting time and tell them the whole story honestly they are the best people to guide you
2) As far as I can tell you out of status triggers a bar of 10 years on immigration to US. Perhaps if your wife can least get out of country and come back (re-enter) into the country on a valid visa then after admission perhaps you can take advantage of 245 (k) clause that counts OOS from last lawful admission for GC processin, but there is a chance that she might be denied entry if CBP officer can see her OOS in the system for some reason.
My advice is what ever you do make sure you consult an attorney and not some friend or some one from a forum. You have already made situation difficult do not make it any worse.
md_jul_03
08-06 03:55 PM
I took some time to compile the list of INDIA only EB3 and EB2 categories for past 2 years and from the trend, it is very easy to predict the Oct bulletin.
It does not need a attorney or spies. You just need to work up the numbers.
I did this only for INDIA. Any chinese can complile it for China.
MONTH EB2 EB3
Aug 05 C 01APR01
Sep 05 C U
Oct 05 01NOV99 01JAN98
Nov 05 01NOV99 01JAN98
Dec 05 01JUL00 1-Jan-99
Jan 06 01JAN01 01JUN99
Feb 06 01AUG01 01JAN00
Mar 06 01JAN02 01JAN01
Apr 06 01JUL02 01FEB01
May 06 01JAN03 01MAR01
Jun 06 01JAN03 08APR01
Jul 06 01JAN03 15APR01
Aug 06 U 01APR01
Sep 06 U 15APR01
Oct 06 15JUN02 22-Apr-01
Nov 06 01JAN03 APRIL01
Dec 06 08JAN03
Jan 07 Jan03 May01
Feb 07 Jan03 May01
Mar 07 Jan03 May01
Apr 07 Jan03 May01
May 07 Jan03 May01
Jun 07 Apr04 Jun03
Jul 07 C C
Aug 07 U U
Sep 07 Jan03 May01
Oct 07 Jan03 May01
Nov 07 Jul03 June02
Dec 07 Jul03 Jun02
Jan 08 Jan04 Jun02
Feb 08 Jan04 Jun02
Here is my analysis.
Bulletin dates moves by six months as max jump for EB2 and 1 month for EB3.
Begining of New year in Oct, they conservatively pull back the numbers so as to flush out pending apps.
Now since they have already flushed apps in June/July, in Nov they will move EB2 by six months and possibly either stop there or make it one full year by moving it by another six months.
For EB3, they like to get it stuck at mid year so Jun02.
Guys, give a thought to this trend and see if you can guess more accurately.
Interesting analysis.
I found an additional prediction on this link http://www.murthy.com/news/n_oct07vb.html
It does not need a attorney or spies. You just need to work up the numbers.
I did this only for INDIA. Any chinese can complile it for China.
MONTH EB2 EB3
Aug 05 C 01APR01
Sep 05 C U
Oct 05 01NOV99 01JAN98
Nov 05 01NOV99 01JAN98
Dec 05 01JUL00 1-Jan-99
Jan 06 01JAN01 01JUN99
Feb 06 01AUG01 01JAN00
Mar 06 01JAN02 01JAN01
Apr 06 01JUL02 01FEB01
May 06 01JAN03 01MAR01
Jun 06 01JAN03 08APR01
Jul 06 01JAN03 15APR01
Aug 06 U 01APR01
Sep 06 U 15APR01
Oct 06 15JUN02 22-Apr-01
Nov 06 01JAN03 APRIL01
Dec 06 08JAN03
Jan 07 Jan03 May01
Feb 07 Jan03 May01
Mar 07 Jan03 May01
Apr 07 Jan03 May01
May 07 Jan03 May01
Jun 07 Apr04 Jun03
Jul 07 C C
Aug 07 U U
Sep 07 Jan03 May01
Oct 07 Jan03 May01
Nov 07 Jul03 June02
Dec 07 Jul03 Jun02
Jan 08 Jan04 Jun02
Feb 08 Jan04 Jun02
Here is my analysis.
Bulletin dates moves by six months as max jump for EB2 and 1 month for EB3.
Begining of New year in Oct, they conservatively pull back the numbers so as to flush out pending apps.
Now since they have already flushed apps in June/July, in Nov they will move EB2 by six months and possibly either stop there or make it one full year by moving it by another six months.
For EB3, they like to get it stuck at mid year so Jun02.
Guys, give a thought to this trend and see if you can guess more accurately.
Interesting analysis.
I found an additional prediction on this link http://www.murthy.com/news/n_oct07vb.html
2011 Why You Keep Getting Picked
gc_rip
08-10 08:53 PM
Oh you are talking about that 5658 one.. It's already been discussed in these forums. Someone pointed out that this was crafted by a senator who is about to retire, and has a co-sponsor from Hawaii. So it doesn't appear to be very strong and would most probably just die silently
Why can't democrats come up with a bill like this, good for EB immigration? And what would be a reason for Democrats to vote out this bill?
Why can't democrats come up with a bill like this, good for EB immigration? And what would be a reason for Democrats to vote out this bill?
more...
Dandruff
09-27 10:34 AM
FWIW: Got EAD Card Production ordered for both of us. 9/26
ND : 8/15
RD : 7/18
ND : 8/15
RD : 7/18
H1B-GC
08-03 08:36 PM
Looks like they (TSC) are now processing July 3rd onwards. Any July 2nd filler , filled at TSC still waiting. Also do you know if your name check was cleared.
Yes. I'm July 2nd Filer at TSC and Still waiting. Any Examples that TSC is processing Apps. from July 3rd ... There might be 1000's still waiting who filed on July 2nd.
Yes. I'm July 2nd Filer at TSC and Still waiting. Any Examples that TSC is processing Apps. from July 3rd ... There might be 1000's still waiting who filed on July 2nd.
more...
sundar99
05-03 10:49 AM
I would think the more people call this reporter is better as Silicon Valley has significant influence, and also - the number of h1b concentration is very high.
Mentioning the plight of EB Retro, Backlog, is the price one pays for waiting in line and respecting the law of the land !... --> Already people are pissed with Mexican Citizens calling the US their land and demanding citizenships (instead of referering to them as Illegal Immigrants, better to call them Mexican Citizens, and we should tell the US Govt to treat them like any other citizens of other countries). We should empahsise how the amnesty offer can set precedence for future influx of people and how US would end up as Latino country, if immigration is not controlled. This can be a sure catalyst for SJ Mercury times as they are trying to find ammunition to counter the Illegal protests..... Family based ones are not working out for them. H1B -to GC --> process will surely work for us and them..
The reporter had no clue that EB Retro victims have been waiting in line for so long. THey are only aware of Family based immigrations. Please do call and let them know, they are not aware of the Back log waits as well... Do no assume most of the folks in US is aware of the legal immigrants wait. They do not know at all. It is time we spend few minutes with all avenues to ensure all get to know the issues faces by legal immigrants.
Learning 01 -> I am not a new comer here, I joined before you and have contributed significantly too, when Aman requested me to join initially -> I was pissed by one or two people like you who discourage ideas, so stayed away, We need to explore avenues "instead of My advise - ignore them and don't post or start new threads here. Instead write letters to editors" your quote. How do you know this is useless ?
Do you think Senators etc care about any legal immigrants ? We need to take all approach and not rule out avenues. it is very important. At the end no one is sure, if EB Retro Folks or Back log victims will get any benefit. We need to work as a team, instead of pissing people off !
Mentioning the plight of EB Retro, Backlog, is the price one pays for waiting in line and respecting the law of the land !... --> Already people are pissed with Mexican Citizens calling the US their land and demanding citizenships (instead of referering to them as Illegal Immigrants, better to call them Mexican Citizens, and we should tell the US Govt to treat them like any other citizens of other countries). We should empahsise how the amnesty offer can set precedence for future influx of people and how US would end up as Latino country, if immigration is not controlled. This can be a sure catalyst for SJ Mercury times as they are trying to find ammunition to counter the Illegal protests..... Family based ones are not working out for them. H1B -to GC --> process will surely work for us and them..
The reporter had no clue that EB Retro victims have been waiting in line for so long. THey are only aware of Family based immigrations. Please do call and let them know, they are not aware of the Back log waits as well... Do no assume most of the folks in US is aware of the legal immigrants wait. They do not know at all. It is time we spend few minutes with all avenues to ensure all get to know the issues faces by legal immigrants.
Learning 01 -> I am not a new comer here, I joined before you and have contributed significantly too, when Aman requested me to join initially -> I was pissed by one or two people like you who discourage ideas, so stayed away, We need to explore avenues "instead of My advise - ignore them and don't post or start new threads here. Instead write letters to editors" your quote. How do you know this is useless ?
Do you think Senators etc care about any legal immigrants ? We need to take all approach and not rule out avenues. it is very important. At the end no one is sure, if EB Retro Folks or Back log victims will get any benefit. We need to work as a team, instead of pissing people off !
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snathan
01-22 08:25 PM
I was working for a Company A with whom I recently had my petition extended until this year Aug. Then I got laid off and then changed to Company B in Dec 09. But since then until now which is 6 weeks my current employer (his lawyer) has not filed my H1 to USCIS and going to do it shortly. But then Company A again want to rehire me now. One good thing is my Current I-797 petition is with Company A which is not revoked and is valid. But the bad news is they say I've been out of H1 Status since I left them in Dec and that would be a problem for them and for me to rehire me.
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.
PS: Check with attorney.
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.
PS: Check with attorney.
more...
tselva
06-02 06:53 PM
The points for to-do-list after GC by Samswas are great..Just a little comment as I talked to my attorney now...
DON'T throw away, rather keep your I-94, as you never know, until you get citizenship, what documents you may need to show in which circumstances varifying legal status leading to GC... It is just a word of caution not to discard the I-94 but to archive safely, but he is right that we should not give it to airline official....
Best wishes to those who are waiting...
Can anyone please explain why we should not give current I-94 card to airline official (after getting GC) when you go out of the USA ?
DON'T throw away, rather keep your I-94, as you never know, until you get citizenship, what documents you may need to show in which circumstances varifying legal status leading to GC... It is just a word of caution not to discard the I-94 but to archive safely, but he is right that we should not give it to airline official....
Best wishes to those who are waiting...
Can anyone please explain why we should not give current I-94 card to airline official (after getting GC) when you go out of the USA ?
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mbartosik
11-09 07:17 PM
The only reason that I can see for not filing yourself, is if company is offering to pay. EAD & AP filing are simple and do not require to be done my employer.
If you think that the lawyer sucks, and you have a good relationship with your bosses, see if they will let you expense the fees and do it yourself. They save the lawyer's fees too that way.
If you think that the lawyer sucks, and you have a good relationship with your bosses, see if they will let you expense the fees and do it yourself. They save the lawyer's fees too that way.
more...
h1b_tristate
07-28 08:35 PM
Hi Everyone,
Thanks for your replies. I called a couple of lawyer offices and this is the response i got.
For the candidate to switch jobs here are the rules:
1) The labour in the new company should be filed 365 days BEFORE the end of the second H1B.
AND
2) To keep getting 3 year extentions, your I-140 in the First company should be approved
AND
3) The First company should NOT revoke your existing Green Card application.
Thanks for your replies. I called a couple of lawyer offices and this is the response i got.
For the candidate to switch jobs here are the rules:
1) The labour in the new company should be filed 365 days BEFORE the end of the second H1B.
AND
2) To keep getting 3 year extentions, your I-140 in the First company should be approved
AND
3) The First company should NOT revoke your existing Green Card application.
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karanp25
06-16 11:57 PM
LOL...that's the best reply you could come up with? "You are not looking for experiences but relevant information" - what else could be more relevant than an experience?
BTW, that isn't my experience, but it may very well be yours given that the list of questions you have are rather irritating.
Do you really think your anxiety and you tracking every step (name check, BG check, assignment to officer...blah blah) of you GC will really get you the GC faster? I seriously doubt that.
But after thinking a bit more - i now understand your plan. Your list of questions may impress the infopass immigration officer, and the officer may recommend that you should be hired by USCIS as an IO, given that you are more familiar than him/her with the immigration process. Once you are hired, you plan to approve your own GC? Isn't that true?
I am impressed.
BTW, that isn't my experience, but it may very well be yours given that the list of questions you have are rather irritating.
Do you really think your anxiety and you tracking every step (name check, BG check, assignment to officer...blah blah) of you GC will really get you the GC faster? I seriously doubt that.
But after thinking a bit more - i now understand your plan. Your list of questions may impress the infopass immigration officer, and the officer may recommend that you should be hired by USCIS as an IO, given that you are more familiar than him/her with the immigration process. Once you are hired, you plan to approve your own GC? Isn't that true?
I am impressed.
more...
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EndlessWait
12-14 09:49 AM
So while you delayed to renew the EAD... you possibly were in US working on H1B. My situation is a little different, I am planning to leave the country for a year... so
1) Wanted to check if I can stay out of US for that long while AoS in pending...is there any such restriction that you can be away for only 2 months.
2) That potentially means I won't be getting paid in US... so no payroll for that much time, Is there any restriction on how many payslips I can miss.
Any help in this regard....
i checked with my attorney..AOS is for ppl who are inside US and waiting. You should see if you can transfer case to consuellor processing
1) Wanted to check if I can stay out of US for that long while AoS in pending...is there any such restriction that you can be away for only 2 months.
2) That potentially means I won't be getting paid in US... so no payroll for that much time, Is there any restriction on how many payslips I can miss.
Any help in this regard....
i checked with my attorney..AOS is for ppl who are inside US and waiting. You should see if you can transfer case to consuellor processing
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GCOP
08-22 01:21 PM
EAD Renewal RD: 6/24/08 at TSC
Still Waiting for EAD Renewal Approval
Still Waiting for EAD Renewal Approval
more...
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pnara2
01-24 10:04 AM
Guys, sorry I do not understand the numbers very well. Assuming the same amount of spillover numbers for 2011, what will be the status of EB2 by December-2011??
Thanks,
Prasad.
Thanks,
Prasad.
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Lollerskater
08-05 12:23 PM
OP are you compiling statistics? For EB2 or EB3?
I'm another July 2 filer for EB3. Still waiting. However, the visa bulletin states all EB3 visas are unavailable and thus, we should be waiting.
Is there some kind of info leading you to think that us, July 2 filers, shouldn't be still waiting?
I'm another July 2 filer for EB3. Still waiting. However, the visa bulletin states all EB3 visas are unavailable and thus, we should be waiting.
Is there some kind of info leading you to think that us, July 2 filers, shouldn't be still waiting?
more...
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wandmaker
08-17 02:14 AM
Thanks for the valuable inputs.
Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.
If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?
You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.
Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.
If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?
You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.
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vamsi_poondla
01-18 02:39 PM
All the best....Floridans....hope you will write the letters this weekend without fail..We need to do this simple thing to show our strength.
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meher
12-25 12:35 PM
At present till now based on the talks i had with my employer i donot have any hopes that he will be running the pay stubs.
The pay specified in my LCA is $44000. I have been paid on hourly basis of 43$/hr till now and the pay stubs reflect that. If i go to DOL or go through attorney will i be paid at $44000 or will the previous pay stubs help in getting me the rightful salary.
Sure i will let know the employer name. I am just waiting to have my H1B transfer.
MRD
The pay specified in my LCA is $44000. I have been paid on hourly basis of 43$/hr till now and the pay stubs reflect that. If i go to DOL or go through attorney will i be paid at $44000 or will the previous pay stubs help in getting me the rightful salary.
Sure i will let know the employer name. I am just waiting to have my H1B transfer.
MRD
technoboy
10-23 10:14 AM
Card Production Order. I saw this message on I- 765 application on-line check.
hope this help.
hope this help.
felix31
02-12 09:53 PM
My thanks to all replies,
Here is the bottomline.
An interim rule was indeed published in the Federal Register on May 24, 2006, announcing that Premium Processing program would be expanded to include I-140, I-539, and I-765 applications.
As we already know Premium processing for I-140 is already in effect since last Fall. I am not certain about I-765, BUT the effective date for I-539 under premium processing is still unknown.
So, as both hubby's H1 and my H4 applications are pending, I will upgrade his H1 and hope that my H4 gets picked up as well. There is at least 50-50% chance for that (if they did not stopped the 'courtesy service for H4s).
The twist here is that my current H4 expires on March 16th, 2007. AND we cannot send for my (H4 to H1) transfer before APRIL 1st.
That's why I SO MUCH NEED H4 extension in hand before sending H1 in APRIL.
Here is the bottomline.
An interim rule was indeed published in the Federal Register on May 24, 2006, announcing that Premium Processing program would be expanded to include I-140, I-539, and I-765 applications.
As we already know Premium processing for I-140 is already in effect since last Fall. I am not certain about I-765, BUT the effective date for I-539 under premium processing is still unknown.
So, as both hubby's H1 and my H4 applications are pending, I will upgrade his H1 and hope that my H4 gets picked up as well. There is at least 50-50% chance for that (if they did not stopped the 'courtesy service for H4s).
The twist here is that my current H4 expires on March 16th, 2007. AND we cannot send for my (H4 to H1) transfer before APRIL 1st.
That's why I SO MUCH NEED H4 extension in hand before sending H1 in APRIL.
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