pd_recapturing
10-14 08:59 PM
Please suggest. Bumping up ...
DSLStart
10-02 11:43 AM
sorry to hear your wife's bitter visa experience. But you should have researched in this web site and other web sites like immigrationportal.com for people's experience at Canadian US consulates, most of them have stressed the fact that, if its a first time H1 stamping without education in US, avoid going to any third country for stamping. Very less chance of getting approved. Even on web site of US consulates in Canada it is clearly mentioned.
But anyway the 3rd option you mentioned may be wisest to avoid long term uncertain stay in canada.
My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.
The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and
1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)
2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic
3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?
4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?
Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(
I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!
But anyway the 3rd option you mentioned may be wisest to avoid long term uncertain stay in canada.
My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.
The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and
1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)
2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic
3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?
4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?
Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(
I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!
studentoflife
11-08 09:35 PM
As i understand for labor there are only 2 centers right ? one is the atlanta processing center and the other is chicago processing center. Atlanta processing center caters to the state in which my employer has registered his company so i believe he must have sent my application to this processing center only.
http://www.plc.doleta.gov/Processing_Centers.htm
Kindly correct me if i am wrong
StudentOfLife
http://www.plc.doleta.gov/Processing_Centers.htm
Kindly correct me if i am wrong
StudentOfLife
raysaikat
09-02 08:43 AM
You are on EAD. When you fill your I-9 form with the EAD info. your on EAD...but USCIS doesnt know about this...its up to the Employer to inform the USCIS but usually (or generally) the employer don't inform the USCIS,however I don't think its mandatory to inform USCIS. In any case its not on your shoulder to inform the USCIS.
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
more...
saravanaraj.sathya
08-03 10:29 AM
Sundar - I understand ur question..I ve seen in many forums that employers can revoke ur I-140 before ur I-485 is approved. When you transfer with ur approved I-140 from ur previous employer and lets say that he has already revoked it..I am not sure what will happen the..just wanted to confirm...
the more important part of my question is...
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
the more important part of my question is...
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
sbmallik
05-28 03:54 PM
Looks like I misunderstood your situation, you will be paid from Canada but working from a remote location ... somewhere in US. This will be tricky as H-1 visa requires an US employment whereas H-4 does not permit working at all. Perhaps a lawyer can explain.
more...
fromnaija
10-01 06:27 PM
If you did ask for a fee waiver could you check that you entered the right receipt number? This could be someone else's case as I don't think you would qualify for a fee waiver.
Anybody ..any replies ??
Anybody ..any replies ??
Guillo
03-03 02:15 PM
My experience with the evaluators was the same. Well, not mine but my wife's. She had to use the people the school told her to.
If you need to find translators for your documents though, I can help. If you need recommendations just ask!
If you need to find translators for your documents though, I can help. If you need recommendations just ask!
more...
dc2007
07-25 12:06 PM
Thanks a lot for the help and useful information.
I can get all letters (of employment etc) from my employer. That is not an issue.
But do I need any other docuuments for I-140/labor etc., other than I-140 receipt number ?
I can get all letters (of employment etc) from my employer. That is not an issue.
But do I need any other docuuments for I-140/labor etc., other than I-140 receipt number ?
maddipati1
07-30 08:02 PM
EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.
P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.
sush, my 140 was filed in 04/2007, i upgraded it PP on exact date 18thJun'07 and my 140 was approved on 26thJun'07. They have to approve 140 PP in 15 calendar ( not business ) days.
but, the PP approval status won't be updated in their website ( case status online ). It still shows mine as 'PP requested'. But my employer got courtesy copy of 140 approval notice in just a few days and a week later my attorney got the original 140 approval.
so talk to your employer and attorney. im sure they must have received it.
good luck
S
P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.
sush, my 140 was filed in 04/2007, i upgraded it PP on exact date 18thJun'07 and my 140 was approved on 26thJun'07. They have to approve 140 PP in 15 calendar ( not business ) days.
but, the PP approval status won't be updated in their website ( case status online ). It still shows mine as 'PP requested'. But my employer got courtesy copy of 140 approval notice in just a few days and a week later my attorney got the original 140 approval.
so talk to your employer and attorney. im sure they must have received it.
good luck
S
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ajay_hyd
01-22 02:27 PM
i got similar message, but this was for Advance Parole not 485...
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On ... we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On ... we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
more...
swita
03-25 02:56 PM
Thanks for your replies....Do you have to go on vacation before you file the labor certification application or can you file your PERM and then go on vacation and then apply for recapture .
vivid_bharti
06-19 04:42 PM
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...why all the hypocrisy, what for??
...why all the hypocrisy, what for??
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Prashanthi
02-05 10:13 PM
Hello Chandra, i am trying to figure out how this works, that is why the delay.
hiralal
06-19 06:59 AM
the above post is a good explanation. I wonder if there are any ladies in the forum who can say that the article above sounds correct or if it is incorrect :D:rolleyes:
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shana04
05-15 10:51 PM
For my Spouse
2. Evidence that you maintained non immigrant status
For my spouse,
We have applied for I 485 after our visit to India.
1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94
How and where can I get a copy (I never made a copy of that).
Note: Spouse passport has stamping but the requirement is copy of I 94
any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.
2. Evidence that you maintained non immigrant status
For my spouse,
We have applied for I 485 after our visit to India.
1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94
How and where can I get a copy (I never made a copy of that).
Note: Spouse passport has stamping but the requirement is copy of I 94
any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.
mikemeyers
11-07 04:00 PM
Can anyone else have opinion on this?
bestin
05-15 10:20 PM
Sorry for high jacking the thread but I wanted some info on eb2 perm and greencard over all
My qualifications are
Bachelors in engineering - 4 years
Masters in computer science - 2 years in US
Experience of 6 years in software dev
My job requires BS+5 years only , Masters in not a requirement.
Can I file in EB2 ...could you please elaborate your experience in eb2 .
Yes You Can.My 140 is still pending in EB2 category.
Mine is BE-4 Years
7 Years Experience in Indian Branch Office of the current Company + Approx 9 months outside this company.
My qualifications are
Bachelors in engineering - 4 years
Masters in computer science - 2 years in US
Experience of 6 years in software dev
My job requires BS+5 years only , Masters in not a requirement.
Can I file in EB2 ...could you please elaborate your experience in eb2 .
Yes You Can.My 140 is still pending in EB2 category.
Mine is BE-4 Years
7 Years Experience in Indian Branch Office of the current Company + Approx 9 months outside this company.
mrsahaayam
09-02 01:10 PM
Hi there,
I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
2. Does the port of entry officer sees the arrest even I expunge the case?
3. any other scenarios I might encounter?
Any suggestions are highly appreciated
Thank you
I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
2. Does the port of entry officer sees the arrest even I expunge the case?
3. any other scenarios I might encounter?
Any suggestions are highly appreciated
Thank you
sc3
08-28 12:43 PM
When they say "Continued Heavy Demand", what does it mean? Howcome there can be demand with Older Priority Dates? Labor Substitution is no longer possible so there can't be new demand with Older PD. So howcome PD goes back? Does anybody have insight into that?
Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"
With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.
I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications
Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"
With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.
I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications
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