mchhokar
05-15 02:45 PM
Hi,
I am on L1 B (Individual) Visa since last three years. In January my company filed for extension, this time on L1 (Blanket). I received RFE in March, which my company replied in April. A couple days before the attorney called us mentioning the petition has been denied and I am awaiting final documentation.
Here are facts:
I am Senior Product Manager with Bachelor's in Computer Science and around 8 years of Experience working with the same Company. 5 years(India Subsidiary) and 3 Years US HQ.
We did mentioned in our RFE that I have the sole knowledge of two products that I represent and that with other things to convince USCIS.
My company is open and willing to appeal against the decision.
Questions: Could it be a reason that Attorney couldn't represent my case well and in that case should I reconsider other Attorney who is specialized in L1 process.
-Can appeal process buy me some time and should I start my H1B process simultaneously?
If yes, is that something which I can do legally.
-How much time can appeal process buy, is it two months, 4 months, 6 months ??
- My wife is on H1 and I do have 10 years B1 visa on my passport. Given those circumstances I do understant that my options for legally staying in US are open but I really want to avoid compromising options and save current working status.
I have been thinking-thinking a lot during last couple days and thus Any help and directions would be appreciated.
Regards,
Manu
I am on L1 B (Individual) Visa since last three years. In January my company filed for extension, this time on L1 (Blanket). I received RFE in March, which my company replied in April. A couple days before the attorney called us mentioning the petition has been denied and I am awaiting final documentation.
Here are facts:
I am Senior Product Manager with Bachelor's in Computer Science and around 8 years of Experience working with the same Company. 5 years(India Subsidiary) and 3 Years US HQ.
We did mentioned in our RFE that I have the sole knowledge of two products that I represent and that with other things to convince USCIS.
My company is open and willing to appeal against the decision.
Questions: Could it be a reason that Attorney couldn't represent my case well and in that case should I reconsider other Attorney who is specialized in L1 process.
-Can appeal process buy me some time and should I start my H1B process simultaneously?
If yes, is that something which I can do legally.
-How much time can appeal process buy, is it two months, 4 months, 6 months ??
- My wife is on H1 and I do have 10 years B1 visa on my passport. Given those circumstances I do understant that my options for legally staying in US are open but I really want to avoid compromising options and save current working status.
I have been thinking-thinking a lot during last couple days and thus Any help and directions would be appreciated.
Regards,
Manu
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teachamerica07
09-23 12:30 PM
No you cannot . You can only teach Math at this time.
Is ESL offer from the same school that sponsored you for math H1?
If it is, then ask your lawyer if the school can do some paperwork so that ESL can be added to your approved H1 .
Is ESL offer from the same school that sponsored you for math H1?
If it is, then ask your lawyer if the school can do some paperwork so that ESL can be added to your approved H1 .
seeking_GC
07-02 09:45 AM
I live/work in california - and on the I-485 form it says the address is :
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
but it also says in the first few lines in the form:
If you live in one of these states or territories, please read this notice to determine your filing location:
ALASKA, CALIFORNIA, IDAHO, IOWA, KANSAS, MARYLAND, MISSOURI, MONTANA, NEBRASKA, NEW MEXICO,OKLAHOMA, OREGON, TEXAS, AND WASHINGTON
AS PREVIOUSLY PUBLISHED AND REMAINS IN EFFECT - EFFECTIVE DECEMBER 1, 2004DIRECT MAIL INSTRUCTIONS FOR PERSONS FILING FORM I-485
Also if I use fedex then it cant deliver to the PO Box..I am really confused..
If its possible to file at a local USCIS center its better because it can reach there faster- maybe even today?
Can someone please advise? Apologies if this has been covered already.
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
but it also says in the first few lines in the form:
If you live in one of these states or territories, please read this notice to determine your filing location:
ALASKA, CALIFORNIA, IDAHO, IOWA, KANSAS, MARYLAND, MISSOURI, MONTANA, NEBRASKA, NEW MEXICO,OKLAHOMA, OREGON, TEXAS, AND WASHINGTON
AS PREVIOUSLY PUBLISHED AND REMAINS IN EFFECT - EFFECTIVE DECEMBER 1, 2004DIRECT MAIL INSTRUCTIONS FOR PERSONS FILING FORM I-485
Also if I use fedex then it cant deliver to the PO Box..I am really confused..
If its possible to file at a local USCIS center its better because it can reach there faster- maybe even today?
Can someone please advise? Apologies if this has been covered already.
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krishna_brc
07-02 05:43 PM
Tnks for the quick response. a couple more questions :D
1) Eligibility Status?
2)Please provide information concerning your eligibility status.
Do I need to put anything in there? Or I can just leave it blank?
I entered C (9) - Pending AOS as Eligibility Status.
1) Eligibility Status?
2)Please provide information concerning your eligibility status.
Do I need to put anything in there? Or I can just leave it blank?
I entered C (9) - Pending AOS as Eligibility Status.
more...
newbie2020
06-17 08:56 PM
It all depends when someone applies for the labor, if you had BS+ 5 yrs exp and then did MS +4 yrs if you apply your labor now you can claim MS+9 again the experience at the current employer is not counted.....
Blog Feeds
03-29 07:50 AM
Released: March 17, 2011
WASHINGTON�In light of the recent earthquakes and tsunami in Japan, U.S. Citizenship and Immigration Services (USCIS) reminds Japanese nationals of certain U.S. immigration benefits available upon request.
USCIS understands that a natural disaster can affect an individual�s ability to establish or maintain lawful immigration status. Temporary relief measures available to eligible nationals of Japan may include:
The grant of an application for change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;
Re-parole of individuals granted parole by USCIS;
Extension of certain grants of advance parole, and expedited processing of advance parole requests;
Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and lawful permanent residents (LPRs);
Expedited employment authorization where appropriate; and
Assistance to LPRs stranded overseas without immigration documents such as Green Cards. USCIS and the Department of State will coordinate on these matters when the LPR is stranded in a place that has no local USCIS office.
Visitors traveling under the Visa Waiver Program may visit a USCIS local office (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e39c0b89284a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=e39c0b89284a3210VgnVCM100000b92ca60a RCRD) for assistance. Japanese nationals who are at a U.S. airport may contact the U.S. Customs and Border Protection office there.
For more information on USCIS humanitarian programs, visit www.uscis.gov (http://www.uscis.gov/) or call the National Customer Service Center at 1-800-375-5283.
Last updated:03/17/2011
More... (http://ashwinsharma.com/2011/03/21/uscis-reminds-japanese-nationals-impacted-by-recent-disaster.aspx?ref=rss)
WASHINGTON�In light of the recent earthquakes and tsunami in Japan, U.S. Citizenship and Immigration Services (USCIS) reminds Japanese nationals of certain U.S. immigration benefits available upon request.
USCIS understands that a natural disaster can affect an individual�s ability to establish or maintain lawful immigration status. Temporary relief measures available to eligible nationals of Japan may include:
The grant of an application for change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;
Re-parole of individuals granted parole by USCIS;
Extension of certain grants of advance parole, and expedited processing of advance parole requests;
Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and lawful permanent residents (LPRs);
Expedited employment authorization where appropriate; and
Assistance to LPRs stranded overseas without immigration documents such as Green Cards. USCIS and the Department of State will coordinate on these matters when the LPR is stranded in a place that has no local USCIS office.
Visitors traveling under the Visa Waiver Program may visit a USCIS local office (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e39c0b89284a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=e39c0b89284a3210VgnVCM100000b92ca60a RCRD) for assistance. Japanese nationals who are at a U.S. airport may contact the U.S. Customs and Border Protection office there.
For more information on USCIS humanitarian programs, visit www.uscis.gov (http://www.uscis.gov/) or call the National Customer Service Center at 1-800-375-5283.
Last updated:03/17/2011
More... (http://ashwinsharma.com/2011/03/21/uscis-reminds-japanese-nationals-impacted-by-recent-disaster.aspx?ref=rss)
more...
flash.stoffer
08-07 11:33 AM
Thanks.. icleric ;)
Rigth now, I'm creating a new stamp :thumb:
Rigth now, I'm creating a new stamp :thumb:
2010 Born-This-Way-Special-Edition-
kdiershaw
02-22 11:19 AM
My fiance came to the US from Mexico on a short term Visitors Visa more than 14 years ago and did not return to Mexico when it expired. No extensions were ever applied for. She has been working and paying taxes since shortly after coming to the US. I am a US born citizen, and have an income capable of sponsering her. Her own employment record is quite good as well. I understand that there would likely be an interview process which we should easily pass since we have had a lengthy multi-year relationship.
1) What are the steps for legalizing her status after we are married?
2) Will she be required to stop working while her application is considered?
3) Would she be required to leave the country during processing?
3) What is the average time required to go through the process?
4) What are the restrictions on her traveling outside the US during/after the process of legalizing her status?
I will be seekign an immigration lawyer to nail this down and start the process, but need a framework of the process and considerations, so we can get through this as easily as possible.
Thanks in advance for your help
1) What are the steps for legalizing her status after we are married?
2) Will she be required to stop working while her application is considered?
3) Would she be required to leave the country during processing?
3) What is the average time required to go through the process?
4) What are the restrictions on her traveling outside the US during/after the process of legalizing her status?
I will be seekign an immigration lawyer to nail this down and start the process, but need a framework of the process and considerations, so we can get through this as easily as possible.
Thanks in advance for your help
more...
rajeshjadhav
03-30 09:23 PM
Hi..
Need some urgent help here..
One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.
Question is
What will happen to his H1B visa after L1 visa renewal ?
Thanks in advance
Need some urgent help here..
One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.
Question is
What will happen to his H1B visa after L1 visa renewal ?
Thanks in advance
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yestogc
04-07 06:49 PM
I always belive Premium is better and this is just a rumour that it attracts RFE.
The reason is plain and simple, let's say that you change to Company B and since normal processing takes anywhere from 3-6 months (let's say in meantime your old employer cancells your H1B) and at end of say 3-6 months you come to know that your H1B transfer to company B is denied you have no option but to leave country.
Whereas in permium in 15 days you will know if that is through or not and GOD forbidden even if that gets rejected , you still have paystubs which will be just 15 days old, still you can do another H1B transfer with a new employer.
The reason is plain and simple, let's say that you change to Company B and since normal processing takes anywhere from 3-6 months (let's say in meantime your old employer cancells your H1B) and at end of say 3-6 months you come to know that your H1B transfer to company B is denied you have no option but to leave country.
Whereas in permium in 15 days you will know if that is through or not and GOD forbidden even if that gets rejected , you still have paystubs which will be just 15 days old, still you can do another H1B transfer with a new employer.
more...
ABC of GC
08-27 02:18 PM
Dear new member,
This issues is discussed in very detail in one of the threads recently, so please do your research and find out.
This issues is discussed in very detail in one of the threads recently, so please do your research and find out.
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amitk81
03-17 02:54 PM
Hi,
This is really stupid of USCIS to assume that we would stay in the same position for 6-7 years before they can re open the case.
I don't know the answer to your question, but I would think if you are staying at the same place with the same company shouldn't be an issue as long as you stay in the same department.
e.g. if you start in IT as an engineer and then during the GC process you change to a managerial role this should be o.k.
But it you shift from IT to sales with the same salary there would be an issue.
my 2 cents
This is really stupid of USCIS to assume that we would stay in the same position for 6-7 years before they can re open the case.
I don't know the answer to your question, but I would think if you are staying at the same place with the same company shouldn't be an issue as long as you stay in the same department.
e.g. if you start in IT as an engineer and then during the GC process you change to a managerial role this should be o.k.
But it you shift from IT to sales with the same salary there would be an issue.
my 2 cents
more...
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suttu
01-14 01:18 PM
There have been cases reported in past on this forum where the PERM approval was lost in mail.
You should ask your employer to download the PERM approval from DOL ETA website, which should be completed and signed by both you and your employer (similar to the PERM paper approval that you did not receive).
Your lawyer should submit this form with I-140 and also request USCIS to obtain a duplicate copy of PERM approval from DOL. This may help.
Are you porting to EB2?
Yes i was hoping to port to EB2.
The issue is that the lawyer says that they will follow this process of dowloading the cert and request USCIS to get a dupe, but hey say they cannot do this under premium processing and will have to file under regular I140. this adds 6 months to the process and effectively eliminates any advantage since i hope to get my EB3 485 current by that time.
You should ask your employer to download the PERM approval from DOL ETA website, which should be completed and signed by both you and your employer (similar to the PERM paper approval that you did not receive).
Your lawyer should submit this form with I-140 and also request USCIS to obtain a duplicate copy of PERM approval from DOL. This may help.
Are you porting to EB2?
Yes i was hoping to port to EB2.
The issue is that the lawyer says that they will follow this process of dowloading the cert and request USCIS to get a dupe, but hey say they cannot do this under premium processing and will have to file under regular I140. this adds 6 months to the process and effectively eliminates any advantage since i hope to get my EB3 485 current by that time.
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AllIzzWell
03-08 12:05 PM
graviyera,
Thank you so much for your quick reply. Your feedback helps.
Due to family reasons, my wife (H4) has to visit India, do you think even for H4 they will issue Admin processing. I work for a bank and have all the legal documents.
Any advise.
Thank you so much for your quick reply. Your feedback helps.
Due to family reasons, my wife (H4) has to visit India, do you think even for H4 they will issue Admin processing. I work for a bank and have all the legal documents.
Any advise.
more...
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haisylu
06-16 04:10 PM
I'm going to get married to a Divorcee and she has a son. Is there any issue in bringing her son as my dependent. Currently I'm on L1B. If so, what is the procedure.
Thanks for your advise.
Regards,
Sylace
Thanks for your advise.
Regards,
Sylace
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amitjoey
03-15 06:22 PM
I had contacted all the senators and house reps in New Mexico via their website and heard back from Senator Jeff Bingaman.
Please see his reply:
Thank you for your letter regarding relief measures to raise the quota of employment-based legal immigration visas. I appreciate your taking the time to write. I understand the important contributions made by high-skilled immigrant workers in our economy, and I will certainly keep your concerns in mind as we debate immigration reform in the 110 th Congress.
Again, thank you for writing. Please continue to keep me informed regarding this or any other issue of importance to you.
Sincerely,
JEFF BINGAMAN
United States Senator
Thanks for your efforts at raising awareness, here is one of the first instances where we did not get a standard letter talking about H1 back.
Please see his reply:
Thank you for your letter regarding relief measures to raise the quota of employment-based legal immigration visas. I appreciate your taking the time to write. I understand the important contributions made by high-skilled immigrant workers in our economy, and I will certainly keep your concerns in mind as we debate immigration reform in the 110 th Congress.
Again, thank you for writing. Please continue to keep me informed regarding this or any other issue of importance to you.
Sincerely,
JEFF BINGAMAN
United States Senator
Thanks for your efforts at raising awareness, here is one of the first instances where we did not get a standard letter talking about H1 back.
more...
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ags123
09-02 06:21 PM
Thanks for voting, please continue to vote
Congrats!!
Congrats!!
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thakkarbhav
01-20 02:14 PM
You can donate one H1B to someone who needs it...just kidding..your both H1Bs are valid.
No need to update company2 about the extension.
When you go for stamping then carry necessary papers for compnay2...simply forget about compnay1. Thanks.
No need to update company2 about the extension.
When you go for stamping then carry necessary papers for compnay2...simply forget about compnay1. Thanks.
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DDLMODES
07-17 08:47 PM
I used these guys and they did a great job. Mine was translated from romanian though.
http://www.uscts.com/indiancert.html
Good luck !:)
http://www.uscts.com/indiancert.html
Good luck !:)
amsgc
01-14 12:08 PM
Friend of your's needs to carefully look at that page of the passport again.
One of the following would be corssed out (or marked deleted)
(1) ECR: Emigration Check Required (for all countries except Bangladesh, Pak, North America and Europe)
(2) Emigration Check NOT Required.
If ECNR is not deleted, then there is no problem. If it is delted, there is still no problem in coming to the US (In my passport, ECNR was deleted, and I had no problem in leaving India for the US).
If ECR is not deleted, then emigration check is required only if you are travelling to countries that are not in the list of exceptions in (1).
Guys,
Friend of mine has got H1B1 visa stamped now. But we just found out that on his passport ECNR is not deleted. ECNR is still required there.
Can you guys help us to understand what this is? Do we need to remove ECNR before he travel to UR? He has BE (Mech).
When I came to US my ECNR was deleted and I am also graduate.
Your help appreciated.
Thanks,
One of the following would be corssed out (or marked deleted)
(1) ECR: Emigration Check Required (for all countries except Bangladesh, Pak, North America and Europe)
(2) Emigration Check NOT Required.
If ECNR is not deleted, then there is no problem. If it is delted, there is still no problem in coming to the US (In my passport, ECNR was deleted, and I had no problem in leaving India for the US).
If ECR is not deleted, then emigration check is required only if you are travelling to countries that are not in the list of exceptions in (1).
Guys,
Friend of mine has got H1B1 visa stamped now. But we just found out that on his passport ECNR is not deleted. ECNR is still required there.
Can you guys help us to understand what this is? Do we need to remove ECNR before he travel to UR? He has BE (Mech).
When I came to US my ECNR was deleted and I am also graduate.
Your help appreciated.
Thanks,
sreekanth
09-18 11:25 AM
Dear Friends,
My PD (EB3)is Dec-02. I have gone for Finger Printing twice now.
I see lot of reference to '45 Day letter' in the forum . I have no recollection of receiving the '45 Day ' letter so far.
Am I missing something here?
Can any one of you please explain what this letter is about?
Thanks,
Sreekanth
My PD (EB3)is Dec-02. I have gone for Finger Printing twice now.
I see lot of reference to '45 Day letter' in the forum . I have no recollection of receiving the '45 Day ' letter so far.
Am I missing something here?
Can any one of you please explain what this letter is about?
Thanks,
Sreekanth
