boston_guy147
02-18 03:22 PM
This is possibly a repeat/trivial question for the gurus here - but I am seeking latest upto date information. So here it goes..
I have been on H1B since Oct06 ( after OPT), working for the same company as Electrical Engineer in full time position. I haven't traveled to India ( or anywhere out of US) since Aug 2003 when I came here for my MS.
I am planning to travel to India this Dec and probably to UK in July. And so I planned to get my H1B stamped from Canada in May/June. But my company attorney has advised me that its better to go for stamping in India - as because of the Tech Alert List, there have been significant delays for some people.
I wanted to know if anybody has any real time experience. And what is the advise of the gurus - India or Canada?
Thanks a lot - your help is much appreciated!
I have been on H1B since Oct06 ( after OPT), working for the same company as Electrical Engineer in full time position. I haven't traveled to India ( or anywhere out of US) since Aug 2003 when I came here for my MS.
I am planning to travel to India this Dec and probably to UK in July. And so I planned to get my H1B stamped from Canada in May/June. But my company attorney has advised me that its better to go for stamping in India - as because of the Tech Alert List, there have been significant delays for some people.
I wanted to know if anybody has any real time experience. And what is the advise of the gurus - India or Canada?
Thanks a lot - your help is much appreciated!
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logiclife
05-14 04:41 PM
Message from the core group :
Even though there is a huge movement forward in PDs for EB2 and EB3, the immigration voice core group is not scaling back. We are going to continue our efforts in full speed ahead . For those who are out of the retrogression in June, CONGRATS...we really are happy about the current movement.
The core group is still committed to getting retrogression issue addressed by congress. In fact, I am right now in DC and I am attending a briefing event tommorow where Senator Alexander and Senator Bingaman will be present and the event is about high-skills immigration. Aman and Pratik were here last week thursday and Friday and will be here again next week. We are continuing efforts regardless of this big jump because we know that dates can move in reverse direction as it has in the past. In Oct 2005, EB3 dates took a huge movement backwards into 1998 and such reverse movements can happen again this year in October or in last quarter of fiscal year 2007. So we are taking this with cautious optimism and continuing our work with this.
Core group's job is not over until all dates are current and significant other reforms are brought to Greencard process and other related issues.
Even though there is a huge movement forward in PDs for EB2 and EB3, the immigration voice core group is not scaling back. We are going to continue our efforts in full speed ahead . For those who are out of the retrogression in June, CONGRATS...we really are happy about the current movement.
The core group is still committed to getting retrogression issue addressed by congress. In fact, I am right now in DC and I am attending a briefing event tommorow where Senator Alexander and Senator Bingaman will be present and the event is about high-skills immigration. Aman and Pratik were here last week thursday and Friday and will be here again next week. We are continuing efforts regardless of this big jump because we know that dates can move in reverse direction as it has in the past. In Oct 2005, EB3 dates took a huge movement backwards into 1998 and such reverse movements can happen again this year in October or in last quarter of fiscal year 2007. So we are taking this with cautious optimism and continuing our work with this.
Core group's job is not over until all dates are current and significant other reforms are brought to Greencard process and other related issues.
anindya1234
07-17 10:34 PM
You are OK. This is taken from the 485 instructions.
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
Actually my I-140 was approved from TSC; 485 was sent to TSC..but the employment letter in the package was addressed to NSC....will that be a problem?
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
Actually my I-140 was approved from TSC; 485 was sent to TSC..but the employment letter in the package was addressed to NSC....will that be a problem?
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nagkad
09-03 12:19 AM
Got approval today.
first received CPO email and later received welcome email.
PD:12/14/2007
ND:09/11/2007
RD:08/01/2007
first received CPO email and later received welcome email.
PD:12/14/2007
ND:09/11/2007
RD:08/01/2007
more...
hopefulgc
05-12 03:33 PM
^^
neverbefore
06-30 02:05 AM
I have used AC21 replied to all the RFEs about it. Laast year my attorney delayed renewal of my EAD and immediately 485 petition started moving and landed in National benefits Center for scheduling an interview.
In 60 days after receiving the case the NBC has scheduled this initial interview, only for me.
Additionally what is worrying me is that they are vague on what documents they want.
They say if this is marriage based GC your spouse should attend. Or of parent-child based GC the petitioning parents or child should attend.
They have specifially mentioned medicals if not already submitted, birth certificate, returns, employers letter, EADs, travel documents, I-94 and then they say all supporting documents submitted with the application. What do they mean? Is this because they don't know what they are looking for? on top of this the words "initial interview" have confused me.
Buddy, it does seem you are being pre-adjudicated, as the other guys are saying. We had an interview last December for exactly this purpose and the reason was two consecutive failures of clear biometrics on our part. It was for the better though because now our case is just waiting for a visa number unless something changes rather drastically. However, we did not encounter the term "initial interview".
Do indeed take all your documents. I am pasting here the list of docs our attorney asked us to take. These are rough notes I took over the phone so you might find some incoherence. Some of these docs were significant to our case and may not be applicable for you. I would always prefer to go for an overkill in immigration matters, so if anything seems remotely significant, take it along. If you like, you may want to read the account (http://immigrationvoice.org/forum/all-other-green-card-issues/21138-my-aos-interview-experience-5.html#post304806) I posted here at IV immediately after our interview. I remember a lot of people advising me to take my attorney along. I didn't because they were asking for a lot of money. You might want to take a call on that.
And just chillax! You have done everything right, so why should anything adverse happen.
What will happen: Oath->Demand for driver's license->Demand for passport
Medical does not expire once filed
Officer will review the file along with us
We need to post a sticky note on file saying we are a family of 3 so we are seen together
Docs:
Appointment notice demands
Paystubs
Employment verification letter from employers
Mortgage papers
Education transcripts and degree
Tax returns
Marriage certificate
Birth certificates
Will be asked to get a police clearance certificate after the interview, so take it beforehand from the cities you have lived in previously
They might give us an I-792, send a copy to attorney. Always get the officer's name!
A copy of July 2007 visa bulletin
Arrival/departure record to/from US
Pictures (passport) and marriage and family
Driver's licenses
H4 and H1B Notices of Action
In 60 days after receiving the case the NBC has scheduled this initial interview, only for me.
Additionally what is worrying me is that they are vague on what documents they want.
They say if this is marriage based GC your spouse should attend. Or of parent-child based GC the petitioning parents or child should attend.
They have specifially mentioned medicals if not already submitted, birth certificate, returns, employers letter, EADs, travel documents, I-94 and then they say all supporting documents submitted with the application. What do they mean? Is this because they don't know what they are looking for? on top of this the words "initial interview" have confused me.
Buddy, it does seem you are being pre-adjudicated, as the other guys are saying. We had an interview last December for exactly this purpose and the reason was two consecutive failures of clear biometrics on our part. It was for the better though because now our case is just waiting for a visa number unless something changes rather drastically. However, we did not encounter the term "initial interview".
Do indeed take all your documents. I am pasting here the list of docs our attorney asked us to take. These are rough notes I took over the phone so you might find some incoherence. Some of these docs were significant to our case and may not be applicable for you. I would always prefer to go for an overkill in immigration matters, so if anything seems remotely significant, take it along. If you like, you may want to read the account (http://immigrationvoice.org/forum/all-other-green-card-issues/21138-my-aos-interview-experience-5.html#post304806) I posted here at IV immediately after our interview. I remember a lot of people advising me to take my attorney along. I didn't because they were asking for a lot of money. You might want to take a call on that.
And just chillax! You have done everything right, so why should anything adverse happen.
What will happen: Oath->Demand for driver's license->Demand for passport
Medical does not expire once filed
Officer will review the file along with us
We need to post a sticky note on file saying we are a family of 3 so we are seen together
Docs:
Appointment notice demands
Paystubs
Employment verification letter from employers
Mortgage papers
Education transcripts and degree
Tax returns
Marriage certificate
Birth certificates
Will be asked to get a police clearance certificate after the interview, so take it beforehand from the cities you have lived in previously
They might give us an I-792, send a copy to attorney. Always get the officer's name!
A copy of July 2007 visa bulletin
Arrival/departure record to/from US
Pictures (passport) and marriage and family
Driver's licenses
H4 and H1B Notices of Action
more...
thepaew
02-08 10:35 AM
This shouldn't surprise you, should it? In the US too, some engineers make 50K and others make 200K. It depends both on prevailing standards and the individual's skills/luck/location. I do know people making ridiculous sums in India, but they are worth every cent to their employers.
It basically depends on how much value some people can add and how well they can negotiate.
I think the 3 to 4 lakh comment was meant for people "who could not get a job at Microsoft or IBM." I think that the author qualified his/her comments by stating "Not everyone gets into Microsoft or IBM india. You have to compete with MS/PhD in computer science for the same job that needs BS in big companies due to high rate of competition and unemployment."
Ok. So if I summarize, you guys are providing the following ranges:
22 Lakhs to 40 Lakhs
20 Lakhs to 35 Lakhs
12 Lakhs to 15 Lakhs
3 Lakhs to 4 Lakhs
That means, 3 Lakhs to 40 Lakhs. :)
Wow! what a huge difference
It basically depends on how much value some people can add and how well they can negotiate.
I think the 3 to 4 lakh comment was meant for people "who could not get a job at Microsoft or IBM." I think that the author qualified his/her comments by stating "Not everyone gets into Microsoft or IBM india. You have to compete with MS/PhD in computer science for the same job that needs BS in big companies due to high rate of competition and unemployment."
Ok. So if I summarize, you guys are providing the following ranges:
22 Lakhs to 40 Lakhs
20 Lakhs to 35 Lakhs
12 Lakhs to 15 Lakhs
3 Lakhs to 4 Lakhs
That means, 3 Lakhs to 40 Lakhs. :)
Wow! what a huge difference
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tabletpc
10-15 04:49 PM
I understand this is not a valid thread to be in this forum. In past I have seen similar post(ex: "Is it a good time to buy house in India"), I would not have posted this today.
more...
seahawks
07-02 12:07 AM
Guys,
Can some read the SOP in the above quote and figure out what they are trying to say?
I read it and it does mention that if you came prior to an year from filing, your G-325A does not count. I wonder why that is because Finger printing is triggered by G-325A was what I thought and its a form with 3 copies so to speak so I thought it goes to 3 different offices, who knows how it works.. anyways here is what I am doing for now..
Wait until my attorney gets back to me
Go for the FP and probably explain to them and see if anything can be done.
Wrote to my district congressman's immigration specialist who I had met before while campaigning for IV goals on CIR. Well I won't sweat it out, will see what happens I guess.
Can some read the SOP in the above quote and figure out what they are trying to say?
I read it and it does mention that if you came prior to an year from filing, your G-325A does not count. I wonder why that is because Finger printing is triggered by G-325A was what I thought and its a form with 3 copies so to speak so I thought it goes to 3 different offices, who knows how it works.. anyways here is what I am doing for now..
Wait until my attorney gets back to me
Go for the FP and probably explain to them and see if anything can be done.
Wrote to my district congressman's immigration specialist who I had met before while campaigning for IV goals on CIR. Well I won't sweat it out, will see what happens I guess.
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anindya1234
06-01 02:39 PM
I dont know about others but for me stuck with the same compay for 5 years. I really want to move on !!
Everybody has the same problem buddy
Everybody has the same problem buddy
more...
desi3933
05-14 01:33 PM
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
http://www.murthy.com/news/n_cosapp.html
Thanks..
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
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ssnd03
07-12 04:32 PM
Every guy thinks that his/her problem is always the biggest bottleneck
Eliminating FBI delays will restore FIFO and stop such visa bulletin fiascos.
It will not solve retrogression which is a bigger problem, but requires congressional action for number increases
Eliminating FBI delays will restore FIFO and stop such visa bulletin fiascos.
It will not solve retrogression which is a bigger problem, but requires congressional action for number increases
more...
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sunny1000
11-27 03:27 PM
Usually I get my Visa stamped in Chennai. I have enough info to survive in Chennai.
This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..
I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:
I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.
Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
I am looking at ~ Rs 2,000 for 7 hours..
Any help is appreciated..:)
Waiting Game,
I don't know about Mumbai but, as you know in Chennai, they don't give back the passport until the next day atleast. I got mine 2 days later at Chennai last month, that too by going personally to the VFS office to pick it up. So, you may want to give yourself at least a day for your flight back.
Good luck with your stamping.
This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..
I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:
I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.
Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
I am looking at ~ Rs 2,000 for 7 hours..
Any help is appreciated..:)
Waiting Game,
I don't know about Mumbai but, as you know in Chennai, they don't give back the passport until the next day atleast. I got mine 2 days later at Chennai last month, that too by going personally to the VFS office to pick it up. So, you may want to give yourself at least a day for your flight back.
Good luck with your stamping.
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cooler
07-01 01:29 PM
My friend joined new company from Project Manager he got a job on Associate Director. When GC was filed he was developer :-)
You can do anything as long as you don't get caught. In this case. If he moved from a developer to a PM. That in itself is a significant change in job description.
I have heard one of the lawyers say that a developer to a PM is a natural job progression. That does not make sense at all. You go from debugging your code to debugging MS-Project. The associate Director post involves something entirely different.
IF the company is willing to go along and provide the letter with the same designation as in LC, then there is nothing to worry else you would have a sword hanging till the case is adjucated.
You can do anything as long as you don't get caught. In this case. If he moved from a developer to a PM. That in itself is a significant change in job description.
I have heard one of the lawyers say that a developer to a PM is a natural job progression. That does not make sense at all. You go from debugging your code to debugging MS-Project. The associate Director post involves something entirely different.
IF the company is willing to go along and provide the letter with the same designation as in LC, then there is nothing to worry else you would have a sword hanging till the case is adjucated.
more...
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Ramba
07-27 03:31 PM
In very rare ocassions people get to know that their 485 is preadjudicated.
Check out this case
http://immigrationvoice.org/forum/344724-post54.html
Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)
The good indication of anyone 485 is pre-adjudicated, if LUD changes continously for 3 or 4 days on their online account with uscis. To notice thist, one has to moniter every day. If they receive RFE, it is the good indication of the application will be pre-adjudicated based on the aswer to the RFE. If they recive answer to RFE, the LUD will normalyy change with in 10 days continously. Pre-adjudicatred does not mean that it is 100% pre-approved. They may ask a question at the time of approval, if the 485 is pending for pro-lonnged time after it is pre-adjudicated.
Check out this case
http://immigrationvoice.org/forum/344724-post54.html
Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)
The good indication of anyone 485 is pre-adjudicated, if LUD changes continously for 3 or 4 days on their online account with uscis. To notice thist, one has to moniter every day. If they receive RFE, it is the good indication of the application will be pre-adjudicated based on the aswer to the RFE. If they recive answer to RFE, the LUD will normalyy change with in 10 days continously. Pre-adjudicatred does not mean that it is 100% pre-approved. They may ask a question at the time of approval, if the 485 is pending for pro-lonnged time after it is pre-adjudicated.
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jonty_11
07-05 04:41 PM
I have got my canadian PR approval for me and my wife and have sent the passports to the Canadian Consulate in NYC for immigrant visa stamping. To get my PR card I have to land in Canada before Dec 19, 2007 when the visa expires.
I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.
Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.
Anyone gone through my kind of situation before. Please send me a PM.
I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.
there is a Automatic VISA reavalidation Rule that allows u to visit Canada or Mexico and return within30 days only w/o valid US VISA...google it. or search on these forums...
I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.
Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.
Anyone gone through my kind of situation before. Please send me a PM.
I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.
there is a Automatic VISA reavalidation Rule that allows u to visit Canada or Mexico and return within30 days only w/o valid US VISA...google it. or search on these forums...
more...
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desi3933
08-25 01:01 PM
Okay!! I'll have to ask a lawyer then...But most often I get good answers here in the IV forum, then asking the attorney...sometimes, i personally feel, they are not all that good with answers.
There is one more thing you should consider -
One is allowed to enter on AP, as long as the I-485 application remains pending. The risk is, if the I-485 application is denied while person is outside USA, then the Immigration Inspector can deny the person's entry on AP into the USA.
_________________
Not a legal advise.
There is one more thing you should consider -
One is allowed to enter on AP, as long as the I-485 application remains pending. The risk is, if the I-485 application is denied while person is outside USA, then the Immigration Inspector can deny the person's entry on AP into the USA.
_________________
Not a legal advise.
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anil
06-14 10:40 AM
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
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shana04
08-15 04:55 AM
No I havent got my GC yet.
Good, so many of IVans are missing you buddy. ;)
Good, so many of IVans are missing you buddy. ;)
Berkeleybee
04-03 06:12 PM
OK - good point. Linus Torvalds was an H1/green card immigration to my knowledge, and he would make a good addition to the list.
http://en.wikipedia.org/wiki/Linus_Torvalds
Thanks for that -- it'll go into the next round of edits.
http://en.wikipedia.org/wiki/Linus_Torvalds
Thanks for that -- it'll go into the next round of edits.
scamp
04-21 01:13 PM
I know how you feel but Im sure your time will come, our application is in Texas Service Center also and we are current since March and I was expecting that it will be approved in November but thank God my husband received an approval email just today. Forget about their processing dates it was never followed in our case, our I-140 was supposed to be approved december last yr but we got approval notice last October, our receipt notice for I-145 is June 20, 2007 but we got approved today.
Here's other details:
Eb3 Philippines
PD July 2004
1-140/I-485 RD June 20'07
I-140 approved- Oct 25'07
I-485 aprroved- Apr 21'08
Here's other details:
Eb3 Philippines
PD July 2004
1-140/I-485 RD June 20'07
I-140 approved- Oct 25'07
I-485 aprroved- Apr 21'08
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