s416504
02-04 03:48 PM
You should contact your lawyer & ask USCIS to amend your H1 for 3 years instead of 1 year. One time My H1B got approved but USCIS forgot to add up vacation time then My Lawyer contacted USCIS officer to amed that time. Later got new H1B approval with correct date.
I think that will give clear idea if USCIS not finding you I140?
My concern is during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140.
I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.
I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.
its the same co. which filed my I-140 & I-485.
I think that will give clear idea if USCIS not finding you I140?
My concern is during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140.
I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.
I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.
its the same co. which filed my I-140 & I-485.
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questions
06-05 04:44 PM
Hi,
I have been selected for the Green Card Diversity lottery and have some questions:
I have been working for the past 6 years on a H1B visa and have been laid off in March.
I am currently out of status, my H1B has expired, but I have an approved extension I797A form and I-94 untill October 2010.
I am planning to return to my home country July 31 (at that point I will be out of status for 4.5 months, but have not aquired unlawful presence).
1- Is my Green card application/approval in jeopardy by being out of status?
2- Is it possible to have my status adjusted and proceed inside the United States?
3- Do I increase my changes to obtain approval if I return as soon as possible to my home country instead of waiting until July 31st?
4- Is it possible for me to travel to the US on a tourist visa while waiting for a response from the consular center?
5- Overall, what would be the recommended approach to give the best chance of approval?
Thanks in advance!
I have been selected for the Green Card Diversity lottery and have some questions:
I have been working for the past 6 years on a H1B visa and have been laid off in March.
I am currently out of status, my H1B has expired, but I have an approved extension I797A form and I-94 untill October 2010.
I am planning to return to my home country July 31 (at that point I will be out of status for 4.5 months, but have not aquired unlawful presence).
1- Is my Green card application/approval in jeopardy by being out of status?
2- Is it possible to have my status adjusted and proceed inside the United States?
3- Do I increase my changes to obtain approval if I return as soon as possible to my home country instead of waiting until July 31st?
4- Is it possible for me to travel to the US on a tourist visa while waiting for a response from the consular center?
5- Overall, what would be the recommended approach to give the best chance of approval?
Thanks in advance!
Prasad_FL
08-02 11:33 PM
Chennai consulate would take 1 or 2 days for processing. You can send an email to them or talk to VFS and request if they can re-schedule it for earlier date.
Wen you do not have much time, you should not take any chance. Try to reschedule it in Delhi or Bombay.
Chennai consulate took 2 days in 2005.
Delhi consulate took 2 days in 2006.
Wen you do not have much time, you should not take any chance. Try to reschedule it in Delhi or Bombay.
Chennai consulate took 2 days in 2005.
Delhi consulate took 2 days in 2006.
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Maverick_2008
04-16 09:34 AM
Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
EAD/AP should be extended by you. I am surprised your employer is involved in this. You will need a copy of your 485 receipt notice.
Even if you are working on H-1b, it is much safer to pony up the money and keep your EAD renewed and available at all times. You never know when things change.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
EAD/AP should be extended by you. I am surprised your employer is involved in this. You will need a copy of your 485 receipt notice.
Even if you are working on H-1b, it is much safer to pony up the money and keep your EAD renewed and available at all times. You never know when things change.
more...
sobers
02-16 04:11 PM
This story below just goes to show that if smart scientists and engineers are not available here (because of low skilled immigation and the decepit STEM education), then jobs will continue to be outsourced to where the job can be done. Not only does the U.S. lose brainpower, it loses significant tax revenue which would otherwise have been available if the jobs were located in the U.S. And then, not only do skilled immigrants bring their skills to work for America, they also help build the local economy (home/auto, other capital investments, etc besides local/state/county taxes...).
-------------
NEW YORK TIMES
By STEVE LOHR
Published: February 16, 2006
The globalization of work tends to start from the bottom up. The first jobs to be moved abroad are typically simple assembly tasks, followed by manufacturing, and later, skilled work like computer programming. At the end of this progression is the work done by scientists and engineers in research and development laboratories.
Skip to next paragraph
Report From Ewing Marion Kauffman Foundation A new study that will be presented today to the National Academies, the nation's leading advisory groups on science and technology, suggests that more and more research work at corporations will be sent to fast-growing economies with strong education systems, like China and India.
In a survey of more than 200 multinational corporations on their research center decisions, 38 percent said they planned to "change substantially" the worldwide distribution of their research and development work over the next three years � with the booming markets of China and India, and their world-class scientists, attracting the greatest increase in projects.
Whether placing research centers in their home countries or overseas, the study said, companies often use similar criteria. The quality of scientists and engineers and their proximity to research centers are crucial.
The study contended that lower labor costs in emerging markets are not the major reason for hiring researchers overseas, though they are a consideration. Tax incentives do not matter much, it said.
Instead, the report found that multinational corporations were global shoppers for talent. The companies want to nurture close links with leading universities in emerging markets to work with professors and to hire promising graduates.
"The story comes through loud and clear in the data," said Marie Thursby, an author of the study and a professor at Georgia Tech's college of management. "You have to have an environment that fosters the development of a high-quality work force and productive collaboration between corporations and universities if America wants to maintain a competitive advantage in research and development."
The multinationals, representing 15 industries, were from the United States and Western Europe. The authors said there was no statistically significant difference between the American and European companies.
Dow Chemical is one company that plans to invest heavily in new research and development centers in China and India. It is building a research center in Shanghai, which will employ 600 technical workers when it is completed next year. Dow is also finishing plans for a large installation in India, said William F. Banholzer, Dow's chief technology officer.
Today, the company employs 5,700 scientists worldwide, about 4,000 of them in the United States and Canada, and most of the rest in Europe. But the moves overseas will alter that. "There will be a major shift for us," Mr. Banholzer said.
The swift economic growth in China and India, he said, is part of the appeal because products and processes often have to be tailored for local conditions. The rising skill of the scientists abroad is another reason. "There are so many smart people over there," Mr. Banholzer said. "There is no monopoly on brains, and none on education either."
Such views were echoed by other senior technology executives, whose companies are increasing their research employment abroad. "We go with the flow, to find the best minds we can anywhere in the world," said Nicholas M. Donofrio, executive vice president for technology and innovation at I.B.M., which first set up research labs in India and China in the 1990's. The company is announcing today that it is opening a software and services lab in Bangalore, India.
At Hewlett-Packard, which opened an Indian lab in 2002 and is starting one in China, Richard H. Lampman, senior vice president for research, points to the spread of innovation around the world. "If your company is going to be a global leader, you have to understand what's going on in the rest of the world," he said.
The globalization of research investment, industry executives and academics argued, need not harm the United States. In research, as in economics, they said, growth abroad does not mean stagnation at home � and typically the benefits outweigh the costs.
Still, more companies in the survey said they planned to decrease research and development employment in the United States and Europe than planned to increase employment.
In numerical terms, scientists and engineers in research labs represent a relatively small part of the national work force. Like the debate about offshore outsourcing in general, the trend, which may point to a loss of competitiveness, is more significant than the quantity of jobs involved.
The American executives who are planning to send work abroad express concern about what they regard as an incipient erosion of scientific prowess in this country, pointing to the lagging math and science proficiency of American high school students and the reluctance of some college graduates to pursue careers in science and engineering.
"For a company, the reality is that we have a lot of options," Mr. Banholzer of Dow Chemical said. "But my personal worry is that an educated, innovative science and engineering work force is vital to the economy. If that slips, it is going to hurt the United States in the long run."
Some university administrators see the same trend. "This is part of an incredible tectonic shift that is occurring," said A. Richard Newton, dean of the college of engineering at the University of California, Berkeley, "and we've got to think about this more profoundly than we have in the past. Berkeley and other leading American universities, he said, are now competing in a global market for talent. His strategy is to become an aggressive acquirer. He is trying to get Tsinghua University in Beijing and some leading technical universities in India to set up satellite schools linked to Berkeley. The university has 90 acres in Richmond, Calif., that he thinks would be an ideal site.
"I want to get them here, make Berkeley the intellectual hub of the planet, and they won't leave," said Mr. Newton, who emigrated from Australia 25 years ago.
The corporate research survey was financed by the Ewing Marion Kauffman Foundation, which supports studies on innovation. It was designed and written by Ms. Thursby, who is also a research associate of the National Bureau of Economic Research, and her husband, Jerry Thursby, who is chairman of the economics department at Emory University in Atlanta.
-------------
NEW YORK TIMES
By STEVE LOHR
Published: February 16, 2006
The globalization of work tends to start from the bottom up. The first jobs to be moved abroad are typically simple assembly tasks, followed by manufacturing, and later, skilled work like computer programming. At the end of this progression is the work done by scientists and engineers in research and development laboratories.
Skip to next paragraph
Report From Ewing Marion Kauffman Foundation A new study that will be presented today to the National Academies, the nation's leading advisory groups on science and technology, suggests that more and more research work at corporations will be sent to fast-growing economies with strong education systems, like China and India.
In a survey of more than 200 multinational corporations on their research center decisions, 38 percent said they planned to "change substantially" the worldwide distribution of their research and development work over the next three years � with the booming markets of China and India, and their world-class scientists, attracting the greatest increase in projects.
Whether placing research centers in their home countries or overseas, the study said, companies often use similar criteria. The quality of scientists and engineers and their proximity to research centers are crucial.
The study contended that lower labor costs in emerging markets are not the major reason for hiring researchers overseas, though they are a consideration. Tax incentives do not matter much, it said.
Instead, the report found that multinational corporations were global shoppers for talent. The companies want to nurture close links with leading universities in emerging markets to work with professors and to hire promising graduates.
"The story comes through loud and clear in the data," said Marie Thursby, an author of the study and a professor at Georgia Tech's college of management. "You have to have an environment that fosters the development of a high-quality work force and productive collaboration between corporations and universities if America wants to maintain a competitive advantage in research and development."
The multinationals, representing 15 industries, were from the United States and Western Europe. The authors said there was no statistically significant difference between the American and European companies.
Dow Chemical is one company that plans to invest heavily in new research and development centers in China and India. It is building a research center in Shanghai, which will employ 600 technical workers when it is completed next year. Dow is also finishing plans for a large installation in India, said William F. Banholzer, Dow's chief technology officer.
Today, the company employs 5,700 scientists worldwide, about 4,000 of them in the United States and Canada, and most of the rest in Europe. But the moves overseas will alter that. "There will be a major shift for us," Mr. Banholzer said.
The swift economic growth in China and India, he said, is part of the appeal because products and processes often have to be tailored for local conditions. The rising skill of the scientists abroad is another reason. "There are so many smart people over there," Mr. Banholzer said. "There is no monopoly on brains, and none on education either."
Such views were echoed by other senior technology executives, whose companies are increasing their research employment abroad. "We go with the flow, to find the best minds we can anywhere in the world," said Nicholas M. Donofrio, executive vice president for technology and innovation at I.B.M., which first set up research labs in India and China in the 1990's. The company is announcing today that it is opening a software and services lab in Bangalore, India.
At Hewlett-Packard, which opened an Indian lab in 2002 and is starting one in China, Richard H. Lampman, senior vice president for research, points to the spread of innovation around the world. "If your company is going to be a global leader, you have to understand what's going on in the rest of the world," he said.
The globalization of research investment, industry executives and academics argued, need not harm the United States. In research, as in economics, they said, growth abroad does not mean stagnation at home � and typically the benefits outweigh the costs.
Still, more companies in the survey said they planned to decrease research and development employment in the United States and Europe than planned to increase employment.
In numerical terms, scientists and engineers in research labs represent a relatively small part of the national work force. Like the debate about offshore outsourcing in general, the trend, which may point to a loss of competitiveness, is more significant than the quantity of jobs involved.
The American executives who are planning to send work abroad express concern about what they regard as an incipient erosion of scientific prowess in this country, pointing to the lagging math and science proficiency of American high school students and the reluctance of some college graduates to pursue careers in science and engineering.
"For a company, the reality is that we have a lot of options," Mr. Banholzer of Dow Chemical said. "But my personal worry is that an educated, innovative science and engineering work force is vital to the economy. If that slips, it is going to hurt the United States in the long run."
Some university administrators see the same trend. "This is part of an incredible tectonic shift that is occurring," said A. Richard Newton, dean of the college of engineering at the University of California, Berkeley, "and we've got to think about this more profoundly than we have in the past. Berkeley and other leading American universities, he said, are now competing in a global market for talent. His strategy is to become an aggressive acquirer. He is trying to get Tsinghua University in Beijing and some leading technical universities in India to set up satellite schools linked to Berkeley. The university has 90 acres in Richmond, Calif., that he thinks would be an ideal site.
"I want to get them here, make Berkeley the intellectual hub of the planet, and they won't leave," said Mr. Newton, who emigrated from Australia 25 years ago.
The corporate research survey was financed by the Ewing Marion Kauffman Foundation, which supports studies on innovation. It was designed and written by Ms. Thursby, who is also a research associate of the National Bureau of Economic Research, and her husband, Jerry Thursby, who is chairman of the economics department at Emory University in Atlanta.
yorstruly
07-19 02:37 PM
WOW! I am amazed by the effectiveness of this forum. So many specific advice within minutes!!!! :) :)
I am looking at all the websites...
I am looking at all the websites...
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Refugee_New
05-30 05:14 PM
I e-filed my EAD renewal yesterday and got the reciept copy.
Now what are the documents i should send USCIS? Do you guys have the list of documents to be mailed for EAD renewal?
Now what are the documents i should send USCIS? Do you guys have the list of documents to be mailed for EAD renewal?
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rajenk
04-27 01:24 PM
Sorry to hear that. That was really sad. Any ways past is past. Do the following.
1. Re-file I-140 if the denial was based on EB category with a higher one(Meaning EB2 got denied file under EB3)
2. Renew your H1-B with your labor approval and your new I-140 application. Don't mention anything about your current I-140 denial.
your EAD would get invalidated when your I-485 gets denied, I am just assuming because EAD is based on I-485. But I-485 needs a approved I-140 so connect the strings yourself. Now you can sense that there is some gray area here. Better get advice from a good attorney.
Your AP use should all be fine. You need to take these actions 1 and 2 immediately without delay.
On appealing for I-140, what you heard is right. My appeal failed as well. My case was they where not accepting mine under EB2 but they did under EB3. That was a silly mistake by my lawyer stating required experience as 3 years with BS instead of 5 years! I had 6 years exp with MS equivalent degree from India.
PS: Do you mind sharing the I-140 denial reason, that might help people address your situation more clearly.
Good luck. Don't lose your heart, you should be back on track in no time.
Cheers
Raj
1. Re-file I-140 if the denial was based on EB category with a higher one(Meaning EB2 got denied file under EB3)
2. Renew your H1-B with your labor approval and your new I-140 application. Don't mention anything about your current I-140 denial.
your EAD would get invalidated when your I-485 gets denied, I am just assuming because EAD is based on I-485. But I-485 needs a approved I-140 so connect the strings yourself. Now you can sense that there is some gray area here. Better get advice from a good attorney.
Your AP use should all be fine. You need to take these actions 1 and 2 immediately without delay.
On appealing for I-140, what you heard is right. My appeal failed as well. My case was they where not accepting mine under EB2 but they did under EB3. That was a silly mistake by my lawyer stating required experience as 3 years with BS instead of 5 years! I had 6 years exp with MS equivalent degree from India.
PS: Do you mind sharing the I-140 denial reason, that might help people address your situation more clearly.
Good luck. Don't lose your heart, you should be back on track in no time.
Cheers
Raj
more...
priderock
03-26 02:25 PM
Interesting that no one earns less than $75 K. A slap in the face for Lou(sy) Dobbs (Jack A$$)who always refers us as CHEAP labour.
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Sai gc
05-15 12:41 PM
hey ,
My 140 was in TSC and recently got transfered to NSC,where my 1-485 is pending.
At this point I dont think my employer revoked 140 .(pretty much sure)
If it is cleaning up files ,then why Pending again ,this is what is making me worried.
victory by chance did you call USCIS to check what is happening with your case.
(I invoked AC 21 and also got RFE last August when my PD was current momentarily for which i responded back with EVL(employment verification letter) .
Any thoughts.
My 140 was in TSC and recently got transfered to NSC,where my 1-485 is pending.
At this point I dont think my employer revoked 140 .(pretty much sure)
If it is cleaning up files ,then why Pending again ,this is what is making me worried.
victory by chance did you call USCIS to check what is happening with your case.
(I invoked AC 21 and also got RFE last August when my PD was current momentarily for which i responded back with EVL(employment verification letter) .
Any thoughts.
more...
Adam
08-20 03:52 PM
That's really good too! Man, we're gonna have to have a seperate contest just for owl smilies :lol:
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FUNTIMES
04-15 09:55 AM
I am also having the same issue. My return has been rejected twice already.
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ksircar
01-26 09:05 AM
Thanks ksircar;
Want to explore on Caribbean options too. However a question is how can we file for Advance Parole as it requires the applicant to be in US at the time of application, otherwise AOS gets invalid. And if at all we choose her to be here for AP application, it would hinder the education.
Thanks
Venu
AP remains valid for one year and you need to apply for AP in such a way so that for AP renewal your daughter will be in US during vacation etc. In the worst case, she has to fly from Caribbean to Miami (or any nearest US port) just to apply for AP and go back. These are the hassels you need to overcome if you want to send your daughter to MED school without a GC. I did the same with my daughter. You can PM me if you want to discuss in detail.
Good luck.
Want to explore on Caribbean options too. However a question is how can we file for Advance Parole as it requires the applicant to be in US at the time of application, otherwise AOS gets invalid. And if at all we choose her to be here for AP application, it would hinder the education.
Thanks
Venu
AP remains valid for one year and you need to apply for AP in such a way so that for AP renewal your daughter will be in US during vacation etc. In the worst case, she has to fly from Caribbean to Miami (or any nearest US port) just to apply for AP and go back. These are the hassels you need to overcome if you want to send your daughter to MED school without a GC. I did the same with my daughter. You can PM me if you want to discuss in detail.
Good luck.
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desi3933
03-05 12:24 PM
There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
The key question is - what you will be doing in India during the period you are out of US? Will you be working in Indian subsidiary of your employer?
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
The key question is - what you will be doing in India during the period you are out of US? Will you be working in Indian subsidiary of your employer?
more...
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geevikram
11-21 09:29 AM
IV is trying. What did you do?
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coolpal
04-22 05:40 PM
I applied for extension last june for my initial h1b which was expiring Sep 30, 2008... technically speaking, the extension is still pending.... but I applied for h1 transfer in Dec and after answering a couple of RFEs and applying for premium in March, I finally got it approved last week.
The sad part is they approved it without an I-94 (as consular process), as my I-94 was expired when I applied for transfer... the original extension was applied 4 months before I-94 expired, but since it is still pending, they said they can only approve the transfer as consular process. I couldn't get time off from work now, and I really didn't want to rush to india just for stamping, so I decided to stay here and work on EAD. I hope to get it stamped, when I go to india maybe next year.
pal :)
The sad part is they approved it without an I-94 (as consular process), as my I-94 was expired when I applied for transfer... the original extension was applied 4 months before I-94 expired, but since it is still pending, they said they can only approve the transfer as consular process. I couldn't get time off from work now, and I really didn't want to rush to india just for stamping, so I decided to stay here and work on EAD. I hope to get it stamped, when I go to india maybe next year.
pal :)
more...
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dilbert_cal
04-24 11:39 PM
If your previous company has closed down, there isnt any way you can port the PD.
PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.
Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.
PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.
Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.
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narendra_modi
09-19 07:22 PM
I booked for my parents and deal was 700 USD for return from India to JFk + 1 free reschedule and second one for 30 USD ...
Curious to know, how do people get such a nice deal ? If you don't mind, can you please share the secret, was this deal online ? Which site ? Usually when you get such a deal ? Thanks.
Curious to know, how do people get such a nice deal ? If you don't mind, can you please share the secret, was this deal online ? Which site ? Usually when you get such a deal ? Thanks.
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aat0995
09-23 02:44 PM
soft LUD on a case 1 no. ahead of you or 1 no. behind you = very soft LUD on your case. Isn't everybody is smart enough to calculate the formula for very-raised-to-the-power-of-n soft LUD now.
C'mon, the receipt numbers are not related at all. It is possible that reciept number X is for I-485 and receipt number X+1 is for refugee.
C'mon, the receipt numbers are not related at all. It is possible that reciept number X is for I-485 and receipt number X+1 is for refugee.
chris
08-15 03:10 AM
My PD is Mar 2003. Filed in June 2007.:mad::mad:
BTW my PD was Oct 2004 and my RD was July12th 2007, ND was August 15t 2007. I am sure this months NSC report will show a good advancement in their processing date.
BTW my PD was Oct 2004 and my RD was July12th 2007, ND was August 15t 2007. I am sure this months NSC report will show a good advancement in their processing date.
yagw
06-04 12:21 PM
The URL link do not work.
try this:
http://www.californiachronicle.com/articles/yb/131020287
try this:
http://www.californiachronicle.com/articles/yb/131020287
