krishna.ahd
02-08 10:48 AM
Hi
I am trying to book ticket for my summer travel to India and frusteted with knowledge of travel agents and airline peoples. My story is like this:
I have EXPIRED F-1 VISA STAMP, VALID H-1 APPROVAL , NO H-1 STAMPING IN PASSPORT, HAVE ADVANCE PAROL FOR REENTRY ( My family is also traverling with me with H-4 approval and AP)
I want your guidance : For going to India ( and coming back also !!)
(1) Which CITIES I can TRAVEL Through WIthout requiring TRANSIT VISA?
(2) Which AIR LINE OPERATES flights through these cities?
(3) what are the non-stop flight options available between US and India?
(4) Non-stop flights are cheap or costly compare to other one stop flights?
( I dont want to apply for TRANSIT VISA, I had already sent too much money on H-1 and GC process and traveling with my family so if I go for Transit visa it will cost me atleast 1000 $ extra !!!)
I want to go to AMD ( Direct or through BOMBAY if possible)
Also let me know any good knowledgable travel agents who knows rule and give good deal for India.
thanks for your help.
I was checking LAX (Los angeles) to AMD (Ahmedabad) via SIN (singapore) , you are taliking about 30 to 36 hours of travel time, top of GSP/ATL to LAX.
I suggest , if you dont have any time constraint ( like unpaid vacation/timeoff) , that is the best what i searched so far.
I am trying to book ticket for my summer travel to India and frusteted with knowledge of travel agents and airline peoples. My story is like this:
I have EXPIRED F-1 VISA STAMP, VALID H-1 APPROVAL , NO H-1 STAMPING IN PASSPORT, HAVE ADVANCE PAROL FOR REENTRY ( My family is also traverling with me with H-4 approval and AP)
I want your guidance : For going to India ( and coming back also !!)
(1) Which CITIES I can TRAVEL Through WIthout requiring TRANSIT VISA?
(2) Which AIR LINE OPERATES flights through these cities?
(3) what are the non-stop flight options available between US and India?
(4) Non-stop flights are cheap or costly compare to other one stop flights?
( I dont want to apply for TRANSIT VISA, I had already sent too much money on H-1 and GC process and traveling with my family so if I go for Transit visa it will cost me atleast 1000 $ extra !!!)
I want to go to AMD ( Direct or through BOMBAY if possible)
Also let me know any good knowledgable travel agents who knows rule and give good deal for India.
thanks for your help.
I was checking LAX (Los angeles) to AMD (Ahmedabad) via SIN (singapore) , you are taliking about 30 to 36 hours of travel time, top of GSP/ATL to LAX.
I suggest , if you dont have any time constraint ( like unpaid vacation/timeoff) , that is the best what i searched so far.
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morchu
04-27 03:08 PM
Yes. Show Company-A unexpired H1-visa-stamp and Company-C H1-I797-Approval Notice at port of entry.
Can i use the same Visa for reentry to US when i am coming back on May/June.
Thanks
Can i use the same Visa for reentry to US when i am coming back on May/June.
Thanks
gk_2000
07-30 07:39 PM
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na udhaas ho mere humsafar
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madhu345
09-18 08:46 AM
Why dont we take voting for name change and see what % of members will opt for the change.
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anilvt
07-17 12:05 AM
Anyone?
jack_suv
07-19 12:21 PM
Hi all,
After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.
Pro:
The only pro that is available is you can use EAD and AC-21 to get a better job or new job (if laid off) if you satisfy the following conditions.
Conditions:
1.Maintain H1 till you bring spouse to USA on H4
2.your spouse changes to f1 or h1 later after coming to usa
3. your spouse does not have to travel outside USA till PD becomes current as he/she needs a new visa to enter back to USA. ofcourse can always get a new visa if possible.
Cons:
1. Your GC is approved before you get married - very bad situation.
2. You are married but cant bring spouse on valid H4 if you dont have valid h1
3. your spouse cant get H1 or F1 after coming to USA and remains on H4 which means you have to remain on H1 and cant use EAD.
4. Your H4 spouse goes out of status when your GC is approved before your PD becomes current. There may be 180 day grace period here. Experts help?
The only way possible to realize the benefit of filing 485 which is use EAD and AC(21) to get a better job or an additional job is to do the following
1. get married before GC is approved.
2. bring spouse to USA on some visa. if spouse is on H4 you need to have valid H1. if spouse is on H1 or F1 or L1 then no problem.
3. Move spouse out of H4 into other visa.
4. You Use EAD to get a different job.
5. When PD becomes current, spouse applies for 485.
Potential hiccups in this solution:
1. USCIS does not like that you used EAD and shifted employer.
2. Practical problems on getting a company to hire you on EAD.
3. Doing a status change for spouse.
If unmarried does not file 485 now::
1. Be in H1 for a long time with same employer based on your PD.
==========
As I see there are 4 categories of unmarried people
1. Satisfied with current employer ; PD is in 2004 or 2005.
2. Satisfied with current employer ; PD is in 2006 or 2007.
3. Not Satisfied with current employer and planning to use EAD ; PD is in 2004 or 2005.
4. Not Satisfied with current employer and planning to use EAD ; PD is in 2006 or 2007.
What are the recommendations for these 4 groups of people?
Finally one has to consider layoffs or firings!!
Experts please review the scenario and give your opinion on the above way.
Thanks a lot. Welcome to the land of dreams and opportunities.
After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.
Pro:
The only pro that is available is you can use EAD and AC-21 to get a better job or new job (if laid off) if you satisfy the following conditions.
Conditions:
1.Maintain H1 till you bring spouse to USA on H4
2.your spouse changes to f1 or h1 later after coming to usa
3. your spouse does not have to travel outside USA till PD becomes current as he/she needs a new visa to enter back to USA. ofcourse can always get a new visa if possible.
Cons:
1. Your GC is approved before you get married - very bad situation.
2. You are married but cant bring spouse on valid H4 if you dont have valid h1
3. your spouse cant get H1 or F1 after coming to USA and remains on H4 which means you have to remain on H1 and cant use EAD.
4. Your H4 spouse goes out of status when your GC is approved before your PD becomes current. There may be 180 day grace period here. Experts help?
The only way possible to realize the benefit of filing 485 which is use EAD and AC(21) to get a better job or an additional job is to do the following
1. get married before GC is approved.
2. bring spouse to USA on some visa. if spouse is on H4 you need to have valid H1. if spouse is on H1 or F1 or L1 then no problem.
3. Move spouse out of H4 into other visa.
4. You Use EAD to get a different job.
5. When PD becomes current, spouse applies for 485.
Potential hiccups in this solution:
1. USCIS does not like that you used EAD and shifted employer.
2. Practical problems on getting a company to hire you on EAD.
3. Doing a status change for spouse.
If unmarried does not file 485 now::
1. Be in H1 for a long time with same employer based on your PD.
==========
As I see there are 4 categories of unmarried people
1. Satisfied with current employer ; PD is in 2004 or 2005.
2. Satisfied with current employer ; PD is in 2006 or 2007.
3. Not Satisfied with current employer and planning to use EAD ; PD is in 2004 or 2005.
4. Not Satisfied with current employer and planning to use EAD ; PD is in 2006 or 2007.
What are the recommendations for these 4 groups of people?
Finally one has to consider layoffs or firings!!
Experts please review the scenario and give your opinion on the above way.
Thanks a lot. Welcome to the land of dreams and opportunities.
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sunny1000
06-26 09:56 PM
Thanx once again Ms. Sen for you so valuable response. Is there anyways, you could tell me the email address. It will be then easy for me to talk to him when I have all the information. Another question, has the email to be sent out only by the lawyer, or the company can directly do that?
Thanx once again...
It is:
streamline.tsc@dhs.gov
There is a specific format to send this email. Here is the link to the PDF:
http://www.laborimmigration.com/wp-content/uploads/2008/11/tsc-streamline-procedure.pdf
Here is the original post:
http://immigrationvoice.org/forum/visa-bulletin-status-tracker-processing-times/22849-tsc-streamline-processing.html
Thanx once again...
It is:
streamline.tsc@dhs.gov
There is a specific format to send this email. Here is the link to the PDF:
http://www.laborimmigration.com/wp-content/uploads/2008/11/tsc-streamline-procedure.pdf
Here is the original post:
http://immigrationvoice.org/forum/visa-bulletin-status-tracker-processing-times/22849-tsc-streamline-processing.html
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pd_recapturing
05-23 07:10 AM
In my case, I have my EB3 labor and I140 approved with PD as May 2004. I have already started a new PERM EB2 from same company in order to port PD. I have not reached to the stage where I can apply I140 (under EB2) to actually start porting PD. With the new rule of "21st May 2007", I am not sure how would my case be treated? Can somebody shed some light on this?
Can someone please answer this ?
Can someone please answer this ?
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kumar1
07-31 01:59 PM
Both same employer
What will happen if everything is same but employers are different? Please shed some light.
What will happen if everything is same but employers are different? Please shed some light.
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RDB
09-02 11:09 PM
That's the only logical thing to do right now, sending original EAD might be a bit risky.....i will update after my info pass appointment.
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amitk81
09-19 04:48 PM
Here is my 2 cents.
Had an interview in US consulate in Mumbai late August.
Was asked just one question and the visa officer on counter-3 started talking with my wife about her life and our kid! they went on talking for 5-7 mins completely neglecting me or asking me a single question after the initial question.
After about 10 min she told my wife that you have been granted visa, we got our passports from VFS next day!
What I inferred from the conversation is that it is sometimes better to be the observer and not interfere :)
Don't worry you will receive your passport, but please remember next time don't speak until your are asked a question especially when there is a visa officer involved!
Amit
Had an interview in US consulate in Mumbai late August.
Was asked just one question and the visa officer on counter-3 started talking with my wife about her life and our kid! they went on talking for 5-7 mins completely neglecting me or asking me a single question after the initial question.
After about 10 min she told my wife that you have been granted visa, we got our passports from VFS next day!
What I inferred from the conversation is that it is sometimes better to be the observer and not interfere :)
Don't worry you will receive your passport, but please remember next time don't speak until your are asked a question especially when there is a visa officer involved!
Amit
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vin13
12-02 10:21 AM
Can we apply Emergency Ap for official visit ?
Probably not. Emergencies are typically for medical reasons or death in family. Most officail visits do not fall under emergency. Most of the decision is made case by case basis. It is upto you to prove the emergency nature and convince the IO.
Probably not. Emergencies are typically for medical reasons or death in family. Most officail visits do not fall under emergency. Most of the decision is made case by case basis. It is upto you to prove the emergency nature and convince the IO.
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walking_dude
01-18 04:13 PM
Great post. Timely too since, most of us here, need to renew EADs/APs soon; keeping the typical 3-4 months of USCIS delay in mind.
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BEC_fog
04-23 10:55 AM
Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
more...
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paragpujara
12-21 07:46 PM
Refer to USCIS guide lines regarding AC 21. Hope this helps.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
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whoever
07-19 10:49 AM
anyone help!
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GreenCardLegion
03-01 05:47 PM
Hey Tiger,
Dont take my words or advise for granted if one year you had less than your prevailing wage on W2 it may be ok as you have 2 more years of W2 with equal or more than prevailing wage.
Honestly I cannot say for sure your extension will be denied. But it helps for you to pay a couple of hundred dollars and talk over the phone to experienced attorneys like Sheela Murthy and get advise on your situation and options and whether there are chances of denial. I would assume you are OK but again I am no LAWYER :) I really wish you luck in your extension
Dont take my words or advise for granted if one year you had less than your prevailing wage on W2 it may be ok as you have 2 more years of W2 with equal or more than prevailing wage.
Honestly I cannot say for sure your extension will be denied. But it helps for you to pay a couple of hundred dollars and talk over the phone to experienced attorneys like Sheela Murthy and get advise on your situation and options and whether there are chances of denial. I would assume you are OK but again I am no LAWYER :) I really wish you luck in your extension
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satishku_2000
05-03 03:41 PM
I agree with you that it is a random process but the processing date that is shown indicates that all the cases prior to that date have been "served". So, TSC-Oct 14 means, cases received on Oct 14 and later are currently being served. Hope this helps.
Does this mean USCIS has touched all the application before the date ?
Does this mean USCIS has touched all the application before the date ?
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jonty_11
12-15 10:34 AM
recommend them to talk with some good immigration attorney rather than going to websites....u can point themto uscis website explaining H1B program , just google it.
vandanaverdia
09-12 09:48 PM
bump
vidhyajagi
08-16 03:17 PM
You can still continue to work with current employer even you get another I-797 approved. But the Consulting company filed on behalf of you need to withdraw the petition. According to my knowledge the fee is non-refundable and attorney fees - (my attorney charge only after petition is approved)...So you have'nt paid attorney fees you can ask for discount.
Also the New approved petition will be valid only you join the consulting company and after you receive first month paycheck. So you are fine to continue with current employer. Once you filed for your AOS and get EAD you may switch to EAD anytime or after 2years once your current H1-B expires.
Also the New approved petition will be valid only you join the consulting company and after you receive first month paycheck. So you are fine to continue with current employer. Once you filed for your AOS and get EAD you may switch to EAD anytime or after 2years once your current H1-B expires.
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