John333
07-26 05:22 AM
Dear Attorney,
I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.
Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.
I am aware of the aware of possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved
H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.
Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.
Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.
Thank you very much in advance...
I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.
Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.
I am aware of the aware of possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved
H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.
Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.
Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.
Thank you very much in advance...
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alterego
12-14 05:26 PM
An additional thing I want to point out is that the US cannot make itself diverse by restricting immigration to a diverse population mix. It is a well known fact that Hispanic american women bear many more children than Caucasian american women. How does america fix that, and if it does not then why talk about diversity in immigration?
nandakumar
05-11 02:49 PM
I completely agree with you.
Few of the most trusted allies for India in the region are Tamils from Sri Lanka and Baluch people from Pakistan but this present UPA govt ditched both of them.
As a Tamil, I too carry the Indian passport with shame and can't wait to see the day when I become a US citizen.
I am watching this thread last 36 hours, this is not media to discuss political issues, we are here to educate/lobby so called law makers of this country for our immigration issues.
STILL BEING TAMILIAN, I HAVE RIGHTS TO SAY MY THOUGHTS
Tamils in SL is not Indian citizen but they migrated long back still have culture,family relation in India. Rajive got assassinated because he is trying to implement unpopular/unacceptable foreign policy in SL simply by trusting his popularity (he deserved for his mistake) One Sikh killed Indira but we accept another Sikh as our PM. It is Indian gov. lobbied efforts to ban LTTE by western country. they are well organized, disciplined and high tech group. some people raise another issue, they recruited young children to fight, we all are talking so called democartic India, still encouraging child labor every where in India. Srilanka Government boldy refusing all western country pressure, even United Nation (UN, this is pice of shit in the trash) unable to convience SL gov. because it is backed by Indian gov. or you may called Sonia gov.
Bottom line is Sonia is taking revenge on Tamils by supporting SL gov., after all she is from the country that killed Jesus.
We already denounced India, I am carrying Indian passport with shame.
see the link below,
http://www.youtube.com/watch?v=2McxGpfoUM0&feature=related
Few of the most trusted allies for India in the region are Tamils from Sri Lanka and Baluch people from Pakistan but this present UPA govt ditched both of them.
As a Tamil, I too carry the Indian passport with shame and can't wait to see the day when I become a US citizen.
I am watching this thread last 36 hours, this is not media to discuss political issues, we are here to educate/lobby so called law makers of this country for our immigration issues.
STILL BEING TAMILIAN, I HAVE RIGHTS TO SAY MY THOUGHTS
Tamils in SL is not Indian citizen but they migrated long back still have culture,family relation in India. Rajive got assassinated because he is trying to implement unpopular/unacceptable foreign policy in SL simply by trusting his popularity (he deserved for his mistake) One Sikh killed Indira but we accept another Sikh as our PM. It is Indian gov. lobbied efforts to ban LTTE by western country. they are well organized, disciplined and high tech group. some people raise another issue, they recruited young children to fight, we all are talking so called democartic India, still encouraging child labor every where in India. Srilanka Government boldy refusing all western country pressure, even United Nation (UN, this is pice of shit in the trash) unable to convience SL gov. because it is backed by Indian gov. or you may called Sonia gov.
Bottom line is Sonia is taking revenge on Tamils by supporting SL gov., after all she is from the country that killed Jesus.
We already denounced India, I am carrying Indian passport with shame.
see the link below,
http://www.youtube.com/watch?v=2McxGpfoUM0&feature=related
2011 Discover beautiful Amritsar on
ramus
06-27 09:48 PM
Yes I agree.. But if they don't move date foward then they can't approve those backlog applications.And they don't want to loose 40,000 visas . Now when they made all date current, they can approve all those pending application which are complete and just waiting for date to become current. Now we don't know real number and don't know how long it will take USCIS to do all approvals. But if they approve 40,000 in 2 weeks, I won't be surprised if they make it 'U' like other workers.
But then question still remains why they made all current. They could have just moved it by year or so.. And I am sure they know how many application they can expect in July.. I already saw some where that we have around more then 80,000 approved perm.. All they going to apply.. And what about all whose labor just got approved fro Backlog centers?
Its making everybody confused.. But its not in our hand and we can't do anything. Best thing is to file asap and just hope for best and we are always ready for worst..
Just think if they make date 'U' in middle of july, how many member going to loose money. Each of us spent so much money this month and if nothing happens that we loose all of it.
Iam a little skeptical about the AILA comment, If USCIS had "far more than 40,000 AOS applications that are ready to be aproved", why the heck would they make all the dates current.
Some argue that they wanted to gauge the true demand for GC out there. But in order to do that, they would 1st have to accept the application, go over it, acertain the number of beneficiaries involved etc..
Out of all the versions that I have seen floating around, I find this the most plausable, undoubtedly USCIS has a ton of pending applications, but a lot of these are struck in various sub-procceses (Name check etc), since they do not want to waste the visa numbers like last year, they are inviting additional applications so that if nothing else, easiest of cases go through.
Not to say, what AILA is saying cannot happen, 'coz who knows how these things really work. USCIS is this big black hole...
But then question still remains why they made all current. They could have just moved it by year or so.. And I am sure they know how many application they can expect in July.. I already saw some where that we have around more then 80,000 approved perm.. All they going to apply.. And what about all whose labor just got approved fro Backlog centers?
Its making everybody confused.. But its not in our hand and we can't do anything. Best thing is to file asap and just hope for best and we are always ready for worst..
Just think if they make date 'U' in middle of july, how many member going to loose money. Each of us spent so much money this month and if nothing happens that we loose all of it.
Iam a little skeptical about the AILA comment, If USCIS had "far more than 40,000 AOS applications that are ready to be aproved", why the heck would they make all the dates current.
Some argue that they wanted to gauge the true demand for GC out there. But in order to do that, they would 1st have to accept the application, go over it, acertain the number of beneficiaries involved etc..
Out of all the versions that I have seen floating around, I find this the most plausable, undoubtedly USCIS has a ton of pending applications, but a lot of these are struck in various sub-procceses (Name check etc), since they do not want to waste the visa numbers like last year, they are inviting additional applications so that if nothing else, easiest of cases go through.
Not to say, what AILA is saying cannot happen, 'coz who knows how these things really work. USCIS is this big black hole...
more...
reddymjm
09-25 06:33 AM
Even though enactment of the visa recapture and nursing relief bills within the 110th Congress was slim, the foreign professionals watched the webcast of the hearing yesterday with a tremendous despair, adjourning the hearing without taking up these immigration bills. Guess what the last word of the Chairman was: Photo session of the Committee members on the 24th! It is gone, gone, and gone. No more glimmer of hope within this 110th Congress.
snathan
01-16 01:36 PM
And who is asking your advice ? This is usa and I have a right to express my views.If you don't like it please ignore my post.Who has forced you to read my post ? Who is stopping to go back to India ?
You are not expressing your views...You are just spewing your venom and hatred. You are an ideal fit for loser's guild. I am not the one talking all BS about my employer and claiming gladly will back to India. Its YOU... if you dont remember what you are talking..I pity you. Did anyone force you to work for your employer? It was your choice and why you whine now.
I dont want to waste my time with your garbage. Have fun.
You are not expressing your views...You are just spewing your venom and hatred. You are an ideal fit for loser's guild. I am not the one talking all BS about my employer and claiming gladly will back to India. Its YOU... if you dont remember what you are talking..I pity you. Did anyone force you to work for your employer? It was your choice and why you whine now.
I dont want to waste my time with your garbage. Have fun.
more...
samay
07-14 06:23 AM
I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
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vikki76
01-13 05:38 PM
IV Core and Administrators
1. AOS applicants using EAD are presently unaffected (if they do not have H1) by this memo. Could you please inquire from USCIS contacts, in case more similar "guidelines" are being planned for folks using EADs?
2. Also is something more being planned/announced for AC21's "same or similar" criteria? A while back we had a thread collecting evidences and suggestions from the IV members about its interpretation. Please help provide a status update about the meetings with USCIS, IV core group discussions and plans, etc.
Thanks for all your efforts.
Best Wishes for all.
Will there be a problem at time of 485 adjudication? Like, if USCIS investigates whether there was valid employer-employee relationship through out H1 period..even though this memo is released only now.
1. AOS applicants using EAD are presently unaffected (if they do not have H1) by this memo. Could you please inquire from USCIS contacts, in case more similar "guidelines" are being planned for folks using EADs?
2. Also is something more being planned/announced for AC21's "same or similar" criteria? A while back we had a thread collecting evidences and suggestions from the IV members about its interpretation. Please help provide a status update about the meetings with USCIS, IV core group discussions and plans, etc.
Thanks for all your efforts.
Best Wishes for all.
Will there be a problem at time of 485 adjudication? Like, if USCIS investigates whether there was valid employer-employee relationship through out H1 period..even though this memo is released only now.
more...
vivid_bharti
09-04 10:54 AM
If Chrandrababu Naidu hadn't happened to AP, AP was like Bihar, Orrissa...Naxal hit & poor.
hair on the Diwali day,
a2k2
01-13 04:09 PM
As someone in one of the threads had mentioned, say "All is well" and you will feel better!!!
more...
panky72
09-24 12:54 PM
Please paste this into your To , CC or BCC. rest of message is on top of thread.
Pilar.Falo@mail.house.gov,Markus.Ros...mail.house. gov,
Philip.Swartzfager@mail.house.gov,Da...mail.house. gov,
Scott_Hoeflich@Specter.senate.gov,Ji...odd.senate. gov,
Lori_McGrogan@Dodd.senate.gov,Laura_...lby.senate. gov,
Chad_Davis@Shelby.senate.gov,Beth_Ja...nyn.senate. gov,
Tyler_Smith@cornyn.senate.gov,Cynthi...mail.house. gov,
Ed_Pagano@Leahy.senate.gov,John_Dowd@Leahy.senate. gov,
Eric_Mogilnicki@Kennedy.senate.gov,J...edy.senate. gov,
Stacey.Leavandosky@mail.house.gov,Er... il.house.gov
__________________
Done !!
Good job! I wish somebody had done it yesterday to help lazy people like me:D I had to make individual emails to everybody.
Pilar.Falo@mail.house.gov,Markus.Ros...mail.house. gov,
Philip.Swartzfager@mail.house.gov,Da...mail.house. gov,
Scott_Hoeflich@Specter.senate.gov,Ji...odd.senate. gov,
Lori_McGrogan@Dodd.senate.gov,Laura_...lby.senate. gov,
Chad_Davis@Shelby.senate.gov,Beth_Ja...nyn.senate. gov,
Tyler_Smith@cornyn.senate.gov,Cynthi...mail.house. gov,
Ed_Pagano@Leahy.senate.gov,John_Dowd@Leahy.senate. gov,
Eric_Mogilnicki@Kennedy.senate.gov,J...edy.senate. gov,
Stacey.Leavandosky@mail.house.gov,Er... il.house.gov
__________________
Done !!
Good job! I wish somebody had done it yesterday to help lazy people like me:D I had to make individual emails to everybody.
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sachug22
09-15 04:45 PM
Hello Sachug 22,
Where are you getting numbers for EB2 India for 2005 to be 10000, when total labor approved for 2005 were just 6133 (for all countries).
Thanks,
WeldonSprings.
2004 2000
2005 10000
2006 13000
2007(july) 5000
http://immigrationvoice.org/forum/903759-post52.html
There where 7290 India PERM application approved for applications filed in 2005 (of this 60% where EB2 - assumption). And assuming 3000 RIR EB2 India LCA applications (pre march 2005) there are 7400 EB2 India LCA with PD of 2005. Rest of the calculation is in my post.
Where are you getting numbers for EB2 India for 2005 to be 10000, when total labor approved for 2005 were just 6133 (for all countries).
Thanks,
WeldonSprings.
2004 2000
2005 10000
2006 13000
2007(july) 5000
http://immigrationvoice.org/forum/903759-post52.html
There where 7290 India PERM application approved for applications filed in 2005 (of this 60% where EB2 - assumption). And assuming 3000 RIR EB2 India LCA applications (pre march 2005) there are 7400 EB2 India LCA with PD of 2005. Rest of the calculation is in my post.
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alisa
06-27 09:58 PM
Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.
I agree. Its just one headache after another.
But why July 2nd?
If they really want to, they can 'U' the entire July.
There is a saying in Urdu. Translated it says that its the prerogative of the lion to lay eggs, or bear cubs, since he is the King of the Jungle.
USCIS is the king of the jungle here.
But if they do this, this will be cruelest joke on thousands of people.
I agree. Its just one headache after another.
But why July 2nd?
If they really want to, they can 'U' the entire July.
There is a saying in Urdu. Translated it says that its the prerogative of the lion to lay eggs, or bear cubs, since he is the King of the Jungle.
USCIS is the king of the jungle here.
But if they do this, this will be cruelest joke on thousands of people.
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RNGC
02-15 02:11 PM
A person can kill himself to solve all his problems. But that is not the point. If I have come here to work and you have things setup in a way that it can be used to exploit you ( e.g. employer holding back your pay for no valid reason) that amounts to indirectly supporting slave business. The word "slave" doesn't make high tech workers comfortable because they don't want to be categorized as such. But the trouble they are going through is similar to that of the slaves that were taken by the brits in olden days for working at different places in their colonies. If you look at the way most of us work here, it is almost same. Someone (called ur employer) brings you here, he puts you in a place to work reporting to a differnet master sometime many. This exactly how slave trade was working in olden days, but today instead of us working in plantations or laying highways we are working on the building the IT super highway.
I rest my case here for now
I totally agree...its Modern day slavery!
You cannot change employers, you cannot travel if you wish (after you apply for H1 ext, you can't leave US till it is approved, even If you have AP to re-enter!), you can't expect promotions, your spouse can't work on H4, No drivers license in some state, ..... BUT WE PAY ALL TAXES, NO EXCEPTIONS! Is it not Modern day slavery ??
I rest my case here for now
I totally agree...its Modern day slavery!
You cannot change employers, you cannot travel if you wish (after you apply for H1 ext, you can't leave US till it is approved, even If you have AP to re-enter!), you can't expect promotions, your spouse can't work on H4, No drivers license in some state, ..... BUT WE PAY ALL TAXES, NO EXCEPTIONS! Is it not Modern day slavery ??
more...
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amsgc
07-04 12:30 PM
What is $170 and $180? I got this number from my attorney.
However, we are getting conflicting #s on application fee!
Please resolve these #s. Lawyer fees vary. So we can give least and max #s.
There should be no discrepancy in the application fee - I pulled out these numbers from www.uscis.gov.
EAD (I-765): $180
AP (I-131): $170
As for lawyer fees, it varies by State, Experience, Number of dependents, and Reputation. I think the $2000 is representative of lawyer fees for primary applicant plus 1 dependent. I spoke to a lawyer in California who charges around $1700 for I-485/AP/EAD, and multiply that by the number of dependents. Another one on the east coast said $2000 for primary and spouse.
If you go for I-140/I-485, then lawyer fees for 1 applicant can go up to $4000 easy.
However, we are getting conflicting #s on application fee!
Please resolve these #s. Lawyer fees vary. So we can give least and max #s.
There should be no discrepancy in the application fee - I pulled out these numbers from www.uscis.gov.
EAD (I-765): $180
AP (I-131): $170
As for lawyer fees, it varies by State, Experience, Number of dependents, and Reputation. I think the $2000 is representative of lawyer fees for primary applicant plus 1 dependent. I spoke to a lawyer in California who charges around $1700 for I-485/AP/EAD, and multiply that by the number of dependents. Another one on the east coast said $2000 for primary and spouse.
If you go for I-140/I-485, then lawyer fees for 1 applicant can go up to $4000 easy.
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lalithkx
07-15 06:04 PM
Hi,
I found that priority date field on my I-140 receipt is empty. Will this create any problem??
I filed concurrently lasy july and MY PD will be current next month. I applied at NSC but got transferred to TSC.
Thanks for the answers
I found that priority date field on my I-140 receipt is empty. Will this create any problem??
I filed concurrently lasy july and MY PD will be current next month. I applied at NSC but got transferred to TSC.
Thanks for the answers
more...
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spdy_mn
06-27 01:08 PM
Guys, we will know the exact truth in 3 weeks. Until then we have to do what we can do and not worry about things that are not in our control.
I know it is easy to say and tough to do but what other option do we have ??
I know it is easy to say and tough to do but what other option do we have ??
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jsb
06-04 01:17 PM
Instead of Interim GC we should demand that once Labor and I-140 is approved remove the restriction wherein a person has to stay in same job type until GC approved in other words allow the person to take any job while I-485 is pending. This will be a big benefit and logically makes sense. If this happens than GC wait will not pigeon hole people's career in one job and allow them to grow and contribute to economy.
This benefit already exists under AC21 (after 180 days of filing). Allowing you to ditch sponsoring employer on the first day of filing I-485 defeats the whole idea of employer sponsorship.
This benefit already exists under AC21 (after 180 days of filing). Allowing you to ditch sponsoring employer on the first day of filing I-485 defeats the whole idea of employer sponsorship.
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byeusa
07-11 01:00 AM
Don't worry. SSA would be broke by then. and then the dollar would have devaluated by another 50%. Healthcare for the masses is a failure, immigration policy is a failure, schooling system is failing in majority of the nation, rampant violence with kids shooting in the schools, is any think that is right in this society? Glorification of Paris Hilton on CNN continously, Britney Spears in the news on front pages of the magazines.. how much more trashy can it be?
sumagiri
07-25 08:40 AM
IMO, both arguments and are valid as far as speculations are concerned. It all depends on perspective. In this thread, we are focusing on statistics and calculations. I my self did lot of calculations. However, objectively looking at Ron's comments, it appears like his concern and underlying message is what if USCIS won't adjudicate enough numbers and wastes visa numbers as it did lot of times. He is basing his prediction on years of experience. With recent pressure on DOS/USCIS to use visa number, I think, they are making an attempt to use up all numbers and that will definitely bring life to our calculations. But what If they do not do that.....and their 'target' is a low number.
_TrueFacts
09-04 01:43 PM
May he rest in peace...
Shree..don't worry God will give him due treatment..
Shree..don't worry God will give him due treatment..
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